C.P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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C.P., a juvenile, was adjudicated delinquent for battery on a school board employee and placed on community control. The appellate court affirmed the adjudication but remanded because the trial court failed to specify the term of community control in violation of Florida's statutory requirement that such terms be limited to the maximum adult sentence or the juvenile's nineteenth birthday, whichever is sooner.
The court affirmed the delinquency adjudication but held that the trial court erred by failing to specify the term of the community control program. The term must be limited to either the maximum adult sentence (five years) or until the juvenile's nineteenth birthday, whichever comes first.
[1] A trial court's order adjudicating a child delinquent and placing them on community control will be affirmed if supported by the record.
[2] A trial court errs by failing to specify the term of a juvenile's community control program in its written order.
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Join FLexlaw to unlock all legal intelligence“the duration of such supervision or program ... may not exceed the term for which sentence could be imposed if the child were committed for the offense”
Establishes the statutory cap on community control duration based on the maximum adult sentence
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Join FLexlaw to unlock all legal intelligenceC.P. was charged with battery upon a school board employee, a third-degree felony punishable by up to five years imprisonment. After a non-jury trial,…
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PER CURIAM.
The appellant, C.P., a child, challenges the trial court’s order which adjudicated her to have committed a delinquent act and placed her on a program of community control. After a review of the record in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we affirm the appellant’s convictions. However, we find that the trial court erred in failing to specify the term of the appellant’s community control program and, accordingly, remand for clarification of the written order. The appellant was charged with battery upon a school board employee, in violation of section 231.06(2), Florida Statutes (1993), a third degree felony punishable by imprisonment not to exceed five years. After a non-jury trial, the trial court adjudicated her delinquent of the above crime and placed her on a program of community control without specifying the term of the program. The appellant filed a timely notice of appeal.
We disagree with the appellant’s contentions that the trial court erred in adjudicating her delinquent and that the trial court’s written order regarding curfew and attending school varied from its oral pronouncement. However, we agree with the appellant’s contention that the trial court erred in placing her on a community control program for an indeterminate term exceeding five years.
Section 39.054, Florida Statutes (1993), provides in relevant part:
39.054(l)(a)l.
If supervision or a program of community service is ordered by the court, the duration of such supervision or program ... may not exceed the term for which sentence could be imposed if the child were committed for the offense.
39.054(l)(a)4.
4. Notwithstanding the provisions of ... subsection (4), ... the term of any order placing a child in a community control program must be until his 19th birthday unless .he is released by the court, on the motion of an interested party or on its own motion.
39.054(4).
(4) Any commitment of a delinquent child to the department shall be for an indeterminate period of time, but the time shall not exceed the maximum term of imprisonment which an adult may serve for the same offense.... no child shall be held under a commitment from a court pursuant to this section after becoming 19 years of age.
The above statute provides that commitment and community service are limited to the maximum adult term or to the date of the juvenile’s nineteenth birthday, whichever occurs first. E.J. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992). Contra C.F. v. State, 603 So. 2d 40 (Fla. 4th DCA 1992). The record in the instant case reveals that the five year maximum adult term for the crime of battery upon a school board employee will expire before the appellant reaches the age of nineteen. Therefore, we remand with instructions to clarify the written order to place the appellant on a program of community control for an indeterminate term not to exceed five years. A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992).
Affirmed in part and remanded with instructions.
DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, 33., concur.
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Citator
Cited By (13 total)
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T.J. v. State, 743 So. 2d 1158 (Fla. 2d DCA 1999)…birthday, we conclude that T.J. and the State are on notice of this legal requirement, and that there is no need to include such language in a community control order. We recede from C.D.D. v. State, 684 So. 2d 866 (Fla. 2d DCA 1996), C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996), M.T.H. v. State, 676 So. 2d 77 (Fla. 2d DCA 1996), M.V. v. State, 507 So. 2d 1166 (Fla. 2d DCA 1987), and F.R. v. State, 473 So. 2d 785 (Fla. 2d DCA 1985), to the extent these cases hold or suggest that an order placing a juvenil…1 / 3
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A.C. v. State, 688 So. 2d 1004 (Fla. 2d DCA 1997)…gree felony, to commitment not to exceed sixty days. Commitment to the Department and community service is limited to the maximum adult term or to the date of the juvenile’s [*1005] twenty-first birthday, whichever occurs first. See C.P. v. State, 674 So. 2d 183 ( Fla. 2d DCA 1996); S.P. v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995). Since the maximum term for battery that appellant could have received as an adult for the instant offense is one year, the sentence he received was not a legal sentence. See §§…
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In the Interest of C.D.D. v. State, 684 So. 2d 866 (Fla. 2d DCA 1996)…n on those earnings”). C.D.D. also contends that the delinquency order should state that his community control is limited to the date of his nineteenth birthday because he will turn nineteen before the maximum term of five years. See C.P. v. State, 674 So. 2d 183,184 (Fla. 2d DCA 1996) [*868] (community control limited to maximum adult term or to date of juvenile's nineteenth birthday, whichever occurs first). While C.D.D.’s community control cannot extend beyond his nineteenth birthday, pursuant to section…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- E.J. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992)
- A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992)
- C.F. v. State, 603 So. 2d 40 (Fla. 4th DCA 1992)