R.B., A CHILD, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
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DAUKSCH, Judge.
This is an appeal from an order committing a juvenile to' state custody after a finding of delinquency.
The printed-form order has a check-mark on it indicating it is an order based upon a petition filed January 26,1993. In that order the child was committed to custody until his nineteenth birthday, yet the charge against him, to which he pleaded nolo contendere, was a simple misdemeanor battery. Because the maximum sentence for battery is one year and because the child was fifteen years old at the time he was sentenced, the commitment was excessive. M.H. v. State, 621 So. 2d 527, 528 (Fla. 2d DCA 1993); A.R. v. State, 593 So. 2d 1128, 1128-1129 (Fla. 1st DCA 1992); § 39.054(4), Fla.Stat. (1993). While we realize there was discussion and an apparent misunderstanding regarding some violation of community control, the record is clear. The petition against the child concerned only the battery and the commitment order referred only to the petition.
The commitment order is quashed and this cause remanded for recommitment to no more than one year, with credit for any time served.
ORDER QUASHED; REMANDED.
PETERSON and GRIFFIN, JJ., concur.
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A.S. v. State, 677 So. 2d 1002 (Fla. 4th DCA 1996)…for the sake of clarity, the term of the sentence should be specifically stated to avoid confusion. We remand the order to specifically state that the maximum sentence for appellant’s misdemeanor battery charge is limited to one year. R.B. v. State, 633 So. 2d 542 (Fla. 5th DCA 1994); § 39.054(4), Florida Statutes (1993). STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
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S.P. v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995)…an adult may serve for the same offense.” Battery is a first-degree misdemeanor, see § 784.03(2), Fla.Stat. (1993), which is punishable by a term of imprisonment not exceeding one year. See § 775.082(4)(a), Fla.Stat. (1993). See also R.B. v. State, 633 So. 2d 542 (Fla. 5th DCA 1994). Throwing a deadly missile is a second-degree felony, see § 790.19, Fla.Stat. (1993), which is punishable by a term of imprisonment not exceeding fifteen years. See § 775.082(3)(c), Fla.Stat. (1993). Thus, the disposition for the…
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C.P. v. State, 669 So. 2d 1147 (Fla. 4th DCA 1996)…ection of the order of disposition which failed to include the maximum term of commitment Appellant was subject to under section 775.082, Florida Statutes (1993), as required by section [*1148] 39.054(4), Florida Statutes (Supp.1994). R.B. v. State, 633 So. 2d 542 (Fla. 5th DCA 1994); E.J. v. State, 595 So. 2d 282 (Fia. 1st DCA 1992). We note that Appellant also requests this court to order correction of the order of disposition to reflect a maximum commitment of 60 days for the offense of criminal mischief u…
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- M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993)
- A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992)