M.L.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the juvenile's adjudications for simple battery and violation of community control are affirmed, but the disposition orders must be vacated and remanded for resentencing.
A juvenile, M.L.B., was adjudicated for simple battery and violation of community control. He appealed the adjudications and dispositions.…
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PER CURIAM.
M.L.B., a juvenile, appeals his adjudications and dispositions for the offenses of simple battery and violation of community control. We affirm his adjudications, vacate his dispositions, and remand for resentencing.
M.L.B. first contends that the trial court erred in denying his motion for a judgment of acquittal on the battery charge. This contention is without merit. The record contains sufficient evidence that the defendant committed a simple battery when he engaged in a fist fight on the school bus.
Next, M.L.B. maintains that his disposition order must be vacated, and the matter remanded for resentencing because the order fails to set forth the maximum period of state supervision. The problem, however, is that the trial court entered one disposition order addressing both the battery charge and the violation of community control. The law is clear that separate disposition orders must be entered for each offense adjudicated. D.D.M. v. State, 662 So. 2d 884 (Fla.' 5th DCA 1995); T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994). Remand for correction is therefore required.
ADJUDICATIONS AFFIRMED; DISPOSITIONS VACATED; and MATTER REMANDED.
PETERSON, C.J., and COBB and ANTOON, JJ., concur.
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G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997)…concurrently or consecutively. [*1028] G.R.A. argues that this court has consistently held that where multiple offenses constitute the basis for a delinquency adjudication, separate disposition orders for each offense must be used. M.L.B. v. State, 673 So. 2d 582 (Fla. 5th DCA 1996); D.D.M. v. State, 662 So. 2d 384 (Fla. 5th DCA 1995); T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994). The basis for these holdings is that the court creates a general sentence when one disposition order is used. Dorfman v. S…
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A.V.B. v. State, 715 So. 2d 954 (Fla. 2d DCA 1998)…disposed of all offenses in one order. When multiple offenses constitute the basis for a delinquency adjudication, separate disposition orders for each offense must be used. See R.L.B. v. State, 703 So. 2d 1245 (Fla. 5th DCA 1998); M.L.B. v. State, 673 So. 2d 582 (Fla. 5th DCA 1996); T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994). Thus, we reverse A.V.B.’s disposition order entered upon revocation of community control and remand for resentencing with separate disposition orders for each offense. Rever…
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D.P. v. State, 730 So. 2d 414 (Fla. 5th DCA 1999)…DCA 1998), this court held that a separate disposition order must be used for each delinquent act adjudicated. See also J.K.H. v. State, 694 So. 2d 130 (Fla. 5th DCA 1997); G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997); and, M.L.B. v. State, 673 So. 2d 582 (Fla. 5th DCA 1996). Because the trial court used one order instead of two as required by statute, the case must be remanded for the entry of two disposition orders. R.L.B. Further, it was improper to commit D.P. for an indeterminate term on the bat…
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- T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994)