E.Y., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1996-03-20
No. 94-04397
BLUE, A.C.J., and WHATLEY, J., concur.
670 So. 2d 1079 Florida District Court of Appeal, Second District (1996) Positive Treatment
Cited by 16 cases


Opinion of the Court
QUINCE, Judge.

QUINCE, Judge.

E.Y., a juvenile, challenges his adjudication and commitment for criminal mischief. Although we find no merit in his argument regarding his adjudication, we remand for resentencing.

Appellant was found guilty of criminal mischief, in violation of section 806.13, Florida Statutes (1993). The order of commitment reflected two other offenses for which appellant was adjudicated delinquent, burglary and petit theft. The court imposed one general sentence for all three offenses. A general sentence for separate offenses is prohibited. H.L.L. v. State, 595 So. 2d 223 (Fla. 2d DCA 1992). Additionally, the maximum sentence for criminal mischief and petit theft is sixty days.

We affirm the adjudication but remand for resentencing consistent with this opinion.

BLUE, A.C.J., and WHATLEY, J., concur.


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Citator

Cited By

  • K.D. v. State, 779 So. 2d 468 (Fla. 2d DCA 2000)
    …hearing, restitution may be reimposed on remand. See Marinetti v. State, 706 So. 2d 1374 (Fla. 2d DCA 1998). We also note that the court erred by failing to enter separate orders of disposition as to KD.’s six separate offenses. See E.Y. v. State, 670 So. 2d 1079 (Fla. 2d DCA 1996). Thus, we reverse the single general order of disposition and remand for the entry of separate disposition orders. K.D. need not be present for this purely ministerial act. [*469] Affirmed in part, reversed in part, and remanded.…
  • J.M.J. v. State, 742 So. 2d 261 (Fla. 1st DCA 1997)
    …can lead to considerable confusion. To prevent such problems, the Second and the Fifth Districts have repeatedly held that a separate order must be entered for each offense. E.g., G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997); E.Y. v. State, 670 So. 2d 1079 (Fla. 2d DCA 1996). We now join those courts. Accordingly, we vacate the order of adjudication and disposition and the order of post-conviction community control, and remand with directions that the trial court enter a separate order of adjudication…
  • D.L.J. v. State, 765 So. 2d 740 (Fla. 1st DCA 2000)
    …ision approved by State v. T.M.B., 716 So. 2d 269 (Fla.1998); D.P. v. State, 730 So. 2d 414, 415 (Fla. 5th DCA 1999); R.L.B. v. State, 703 So. 2d 1245, 1246-47 (Fla. 5th DCA 1998); G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997); E.Y. v. State, 670 So. 2d 1079 (Fla. 2d DCA 1996). In this case, the trial court used one disposition order for four separate offenses, with attached pages as to the respective offenses. The trial court adjudicated appellant delinquent, and ordered her— COMMITTED to a licensed…

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