M.S.P., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-08-03
No. 92-02654
RYDER, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
640 So. 2d 1202 Florida District Court of Appeal, Second District (1994)

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Synopsis

The appellate court struck the order declaring the juvenile a gang member because the relevant statutes, as they existed at the time of the offenses, did not apply to delinquent acts but only to felonies or violent misdemeanors committed by adults.


Holding

The court held that the trial court erred in declaring S.P. a gang member because the offenses were delinquent acts, not felonies or violent misdemeanors, and the statutory amendments that would have applied were not yet in effect.


Facts & Procedural History

A juvenile, S.P., was charged with throwing a deadly missile and battery, and the state filed a motion to declare him a gang member under Florida's St…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed. C.S. v. State, 638 So. 2d 212 (Fla. 2d DCA 1994). As in C.S., we certify conflict with B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993), review granted, 632 So. 2d 1025 (Fla.1994).

RYDER, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.


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