T.L.P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
T.L.P., a juvenile charged with battery, criminal mischief, and violation of community control, was adjudicated delinquent and sentenced to one year in county jail per offense. The trial court imposed an adult sentence based on T.L.P.'s prior conviction as an adult on an unrelated offense. The Florida District Court of Appeal reversed, holding that the trial court lacked authority to impose adult sentences on juvenile offenses that predated the adult conviction.
The trial court lacked authority to sentence T.L.P. as an adult. Section 39.022(5)(d) applies only to 'subsequent violations' occurring after a juvenile has been transferred for criminal prosecution and found to have committed the offense. Because the juvenile offenses were committed before T.L.P. was found to have committed the adult offense, they were not subsequent violations, and adult sentencing was improper.
[1] A juvenile adjudicated delinquent cannot be sentenced as an adult for offenses committed before being transferred for adult prosecution, even if the adult conviction occu…
[2] A juvenile's subsequent violation of law, for purposes of being handled as an adult, occurs only after the juvenile has been transferred for criminal prosecution and foun…
Previewing 2 of 5 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“Once a child has been transferred for criminal prosecution pursuant to a voluntary or an involuntary waiver hearing or information and has been found to have committed the offense for which he is transferred or a lesser included offense, the child shall thereafter be handled in every respect as if he were an adult for any subsequent violation of Florida law, unless the court, pursuant to this paragraph, imposes juvenile sanctions under s. 39.059(6).”
Statutory provision the trial court relied upon to impose adult sentence; the court interpreted 'subsequent violation' to apply only to violations occurring after the transfer and conviction.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceT.L.P., a juvenile, was charged with battery, criminal mischief, and violation of community control. She admitted the charges and was adjudicated deli…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Juvenile Delinquency Proceedings cases and more on FLexlaw
THREADGILL, Judge.
T.L.P., a juvenile, was charged as a juvenile with battery, criminal mischief, and violation of community control. She admitted the charges and was adjudicated delinquent. After learning that T.L.P. had been sentenced to four years’ imprisonment on an unrelated offense for which she had been tried as an adult, the trial court sentenced T.L.P. to one year in the county jail for each juvenile offense. The trial court was without authority to sentence T.L.P. as an adult under these circumstances, and we therefore reverse.
At the disposition hearing, trial counsel objected to the imposition of an adult sentence for the juvenile offenses. The trial court responded, “she’s not a juvenile anymore; she’s been sentenced as an adult.” The trial court was apparently relying on section 39.022(5)(d), Florida Statutes (1993), which provides:
Once a child has been transferred for criminal prosecution pursuant to a voluntary or an involuntary waiver hearing or information and has been found to have committed the offense for which he is transferred or a lesser included offense, the child shall thereafter be handled in every respect as if he were an adult for any subsequent violation of Florida law, unless the court, pursuant to this paragraph, imposes juvenile sanctions under s. 39.059(6).
A subsequent violation occurs only after the juvenile has been transferred for criminal prosecution and has been found to have committed the offense. Robinson v. State, 514 So. 2d 1144 (Fla. 1st DCA 1987). In this case, the acts upon which the juvenile charges were based were committed before T.L.P. was found to have committed the unrelated offense for which she was tried as an adult. Thus, the juvenile offenses were not subsequent violations for purposes of section 39.022(5)(d), and T.L.P. could not be sentenced as an adult under that provision.
We have found no authority to support the sentence imposed in this case. The provisions of section 39.059, Florida Statutes (1993), which govern the imposition of adult sanctions upon a juvenile, are invoked once it is determined a child is to be prosecuted as an adult. Powell v. State, 606 So. 2d 486 (Fla. 5th DCA 1992). In this case, T.L.P. was not charged as an adult by information nor pursuant to a waiver hearing. Therefore, the trial court’s power of disposition was governed by section 39.054, Florida Statutes (1993).
Section 39.054 sets forth the disposition alternatives available to a court that has jurisdiction of a child adjudicated delinquent. The available alternatives do not include incarceration in an adult facility. To the contrary, section 39.054(l)(b) prohibits the court from committing the child to a jail or to a facility used primarily as a detention center or facility or shelter. Thus, the trial court erred in sentencing T.L.P. to jail under these circumstances.
We therefore reverse the sentences and remand for disposition in accordance with chapter 39, Florida Statutes.
Reversed.
DANAHY, A.C.J., and QUINCE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Powell v. State, 606 So. 2d 486 (Fla. 5th DCA 1992)
- British Robinson v. State, 514 So. 2d 1144 (Fla. 1st DCA 1987)