A.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile appealed an adjudication of delinquency challenging the duration of his community control program placement. The court affirmed the placement but remanded to correct the duration limitation, holding that while placement until age 19 was proper, the duration of supervision and community service could not exceed the maximum sentence an adult could receive for the same offense.
The court held that placement in a community control program until age 19 was proper under Florida law, but the duration of supervision and participation in the community service program cannot exceed the maximum term of imprisonment an adult could receive for the same offense, which in this case was one year for battery.
[1] A juvenile placed in a community control program may be supervised until their 19th birthday, unless sooner released by the court.
[2] The duration of a juvenile's supervision in a community control program, and their participation in a community service program, cannot exceed the maximum term of impriso…
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Join FLexlaw to unlock all legal intelligence“the duration of supervision and of participation in the community service program 'shall not exceed the term for which sentence could be imposed if the child were committed for [the] offense'”
Establishes the key limitation on community control duration—it cannot exceed the maximum adult sentence for the same offense
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Join FLexlaw to unlock all legal intelligenceIn June 1991, a 15-year-old was adjudicated delinquent for committing battery. The trial court placed him in a community control program under HRS sup…
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PER CURIAM.
Appellant, a juvenile, seeks review of the trial court’s order of adjudication of delinquency. The sole issue raised concerns the duration of appellant’s placement in a community control program. We affirm in part and remand, with directions.
In June 1991, the trial court entered an order of adjudication of delinquency, finding that appellant had committed a battery.
The trial court placed appellant in a community control program, under the supervision of the Department of Health and Rehabilitative Services (HRS), “until the child’s 19th birthday unless he ... is sooner released by the Court on motions by interested parties or on its own motion.” (Among the conditions to be included in the community control program was one which required appellant to complete a specified number of work hours in a community service program.) Appellant argues that, because he was only fifteen at the time of disposition, it was error to place him in a community control program for an indeterminate term exceeding one year, which is the maximum term of imprisonment to which an adult could be sentenced for battery.
The battery which appellant was found to have committed occurred after the effective date of the 1990 amendments to Chapter 39, Florida Statutes. Ch. 90-208, Laws of Fla. Recently, in EJ. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992) (corrected opinion), this court interpreted the portions of Section 39.054, Florida Statutes (Supp. 1990), which address community control programs. That decision determines the outcome here.
Based upon EJ., we conclude that it was not error to place appellant “in a community control program ... until his 19th birthday unless he is sooner released by the court, on the motion of an interested party or on its own motion.” § 39.054(l)(a)5., Fla.Stat. (Supp.1990).
However, the duration of supervision and of participation in the community service program “shall not exceed the term for which sentence could be imposed if the child were committed for the offense” [§ 39.054(l)(a)2., Fla.Stat. (Supp.1990) ], i.e., “the maximum term of imprisonment which an adult may serve for the same offense.” § 39.054(4), Fla.Stat. (Supp.1990).
Therefore, on remand the trial court is directed to correct its order of adjudication of delinquency to reflect that supervision by HRS shall be for an indeterminate term, not to exceed one year; and that appellant shall complete the work hours assigned to him in the community service program within one year. AFFIRMED IN PART and REMANDED, with directions.
ALLEN, KAHN and WEBSTER, JJ„ concur.
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T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997)…ommunity control was filed. Accordingly, on remand, the trial court may not take any further action in either of those cases, and should delete any reference to them in its subsequent orders of adjudication and disposition. See, e.g., A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992) (length of supervised community control cannot exceed maximum term adult could serve in prison for same offense or child’s nineteenth birthday, whichever occurs first). [*1217] REVERSED and REMANDED, with directions. LAWRENCE an…
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C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996)…expire before the appellant reaches the age of nineteen. Therefore, we remand with instructions to clarify the written order to place the appellant on a program of community control for an indeterminate term not to exceed five years. A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992). Affirmed in part and remanded with instructions. DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, 33., concur.…
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M. B. v. State, 693 So. 2d 1066 (Fla. 4th DCA 1997)…rform thirty hours of community service. M.B. appeals, asserting that the court cannot impose community control and participation in a community service program for a term which exceeds the maximum term for the underlying offense. See A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992). Section 39.054(l)(a)l, Florida Statutes (1993), provides: If supervision or a program of community service is ordered by the court, the duration of such supervision or program must be consistent with any treatment and rehabili…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- E.J. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992)