M.A.D. A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The First District Court of Appeal affirmed M.A.D.'s adjudication of delinquency for obstructing or opposing a police officer without violence, finding sufficient evidence supported the conviction. However, the court reversed the trial court's erroneous findings of guilt on two abandoned counts and an unconstitutional condition requiring church participation.
The court held that the evidence was sufficient to support the delinquency adjudication for obstructing or opposing a police officer without violence. However, the trial court erred by finding guilt and imposing sentence on the two abandoned counts in its original disposition order, and the amended order entered after notice of appeal could not cure this error. The court also held that the condition requiring church participation was unconstitutional and must be reversed.
[1] Evidence sufficient to establish a prima facie case of obstructing or opposing a police officer without violence supports the denial of a motion for judgment of acquittal…
[2] An amended order of disposition entered after the filing of a notice of appeal has no legal effect.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We conclude that the evidence was sufficient to establish a prima facie case of this offense, and that the trial court therefore properly denied the appellant's motion for judgment of acquittal.”
Establishes that the court affirmed the sufficiency of evidence for the obstructing/opposing charge.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceM.A.D. was charged with three delinquent acts, but the state abandoned prosecution on two counts at the adjudicatory hearing and proceeded solely on t…
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ALLEN, Judge.
The appellant challenges an adjudication of delinquency for obstructing or opposing a police officer without violence. We conclude that the evidence was sufficient to establish a prima facie case of this offense, and that the trial court therefore properly denied the appellant’s motion for judgment of acquittal. However, we reverse on two other points.
The state had initially filed a petition for delinquency against the appellant alleging three delinquent acts, including obstructing or opposing a police officer without violence. At the adjudicatory hearing, the state abandoned prosecution on two counts and proceeded solely on the resisting or opposing count. At the conclusion of the hearing the trial court found appellant guilty of that charge and subsequently placed him into a community control program. But in its written order, the court found appellant to have committed all three delinquent acts and imposed sentence for all three. Also included in the order was a special condition of community control which provided: “child shall continue to participate in Church and Youth Activities in Church.”
Subsequent to the filing of the appellant’s notice of appeal, the trial court entered an amended order of disposition that reflects the finding of guilt as to the obstructing or opposing offense and the state’s abandonment of prosecution as to the other two counts.
However, the trial court’s attempt to correct the order to reflect the state’s abandonment of the first two counts had no legal effect because the amended order was entered after the filing of the notice of appeal. See Kelly v. State, 359 So. 2d 493 (Fla. 1st DCA 1978).
We therefore reverse that portion of the order which finds the appellant guilty under the two abandoned counts and that portion which imposes sentence under those counts. We remand for correction of the order in this regard. The state has conceded that the trial court erred in ordering the appellant to participate in church activities. See L.M. v. State, 587 So. 2d 648 (Fla. 1st DCA 1991).
We therefore reverse that portion of the order which imposes this condition of community control. On remand, the court may impose an alternate condition, such as the requirement that appellant attend youth programs of secular content. Id.
WEBSTER and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ulysses R. Kelly, Jr. v. State, 359 So. 2d 493 (Fla. 1st DCA 1978)
- In the Interest of L.M. v. State, 587 So. 2d 648 (Fla. 1st DCA 1991)