T.G., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was adjudicated delinquent for committing a battery in violation of section 784.03, Florida Statutes (1993). We find merit in her argument that the trial court erred in sentencing her to an indeterminate term of community control since such term could exceed the one year statutory maximum sentence for a violation of section 784.03, a first degree misdemeanor. See B.S. v. State, 661 So. 2d 19 (Fla. 2d DCA 1994); R.H. v. State, 549 So. 2d 742 (Fla. 2d DCA 1989).
We affirm that portion of the adjudication order finding appellant delinquent. We reverse the portion of the order committing appellant to an indeterminate term of community control with instruction to the trial court on remand to limit the term of community control to one year. CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.
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T.B. v. State, 732 So. 2d 1163 (Fla. 1st DCA 1999)…As sentencing T.B. to an indeterminate term of community control would exceed the statutory maximum allowed for Count Three, the State properly concedes that the trial court must correct the commitment order as to the traffic offense. T.G. v. State, 677 So. 2d 957 (Fla. 2d DCA 1996) (trial court erred in sentencing juvenile who had been adjudicated delinquent for committing battery to an indeterminate term of community control, as such term could exceed the one-year statutory maximum sentence for that offense…
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T.C. v. State, 736 So. 2d 698 (Fla. 1st DCA 1998)…new orders. See, e.g., M.J.P. v. State, 22 Fla. L. Weekly D2090, - So. 2d -, 1997 WL 536011 (Fla. 1st DCA Sept.3, 1997), approved, 23 Fla. ,L. Weekly S192, 717 So. 2d 459 (Fla.1998); T.R.G. v. State, 697 So. 2d 940 (Fla. 2d DCA 1997); T.G. v. State, 677 So. 2d 957 (Fla. 2d DCA 1996); M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996); C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996); B.S. v. State, 661 So. 2d 19 (Fla. 2d DCA 1994). While the disposition order at bar is proper for the two felony offenses, it is…
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N.B. v. State, 746 So. 2d 1245 (Fla. 1st DCA 1999)…e remanded with instructions to enter separate orders for each offense and to specify term of commitment for misdemeanor offense); M.C.P. v. State, 732 So. 2d 339 (Fla. 1st DCA 1998); A.F. v. State, 718 So. 2d 260 (Fla. 1st DCA 1998); T.G. v. State, 677 So. 2d 957 (Fla. 2d DCA 1996); M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996); C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996). We AFFIRM the adjudication of delinquency, VACATE the order, and REMAND for clarification and issuance of separate disposition…
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- R.H. v. State, 549 So. 2d 742 (Fla. 2d DCA 1989)
- Byas v. State, 661 So. 2d 19 (Fla. 2d DCA 1994)