A.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1996-08-14
No. 95-2515
STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
677 So. 2d 1002 Florida District Court of Appeal, Fourth District (1996) Positive Treatment
Cited by 6 cases
Opinion of the Court
PARMER, Judge.

PARMER, Judge.

We affirm the Level 2 commitment of appellant under § 39.052(3)(e)3, Florida Statutes. The trial court stated for the record its reasons for disregarding the recommendations of the Department of Juvenile Justice and those reasons were supported by a preponderance of the evidence.

There is a correction needed, however, in the Disposition Order. The order is ambiguous regarding the maximum allowable sentence for misdemeanor battery committed by a juvenile and is therefore inconsistent with our recent ruling in M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996). In M.S. we held that for the sake of clarity, the term of the sentence should be specifically stated to avoid confusion. We remand the order to specifically state that the maximum sentence for appellant’s misdemeanor battery charge is limited to one year. R.B. v. State, 633 So. 2d 542 (Fla. 5th DCA 1994); § 39.054(4), Florida Statutes (1993).

STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • R.P. v. State, 695 So. 2d 490 (Fla. 4th DCA 1997)
    …teenth birthday; b) the maximum sentence allowable by law ...” should have specified a commitment for one year, the maximum sentence for simple battery, so his sentence would not be construed as running until his nineteenth birthday); A.S. v. State, 677 So. 2d 1002 (Fla. 4th DCA 1996) (recognizing that a correction was needed in a disposition order that was ambiguous regarding the maximum allowable sentence for misdemeanor battery, and that in accordance with M.S. the term of the sentence should be set out spe…
  • K.C. v. State, 696 So. 2d 1331 (Fla. 4th DCA 1997)
    …nviction, but remand for the trial court to correct Appellant’s sentence to specify the maximum length of term of commitment, rather than doing so solely by reference to the juvenile statute, section 39.054(4), Florida Statutes (1995). AS. v. State, 677 So. 2d 1002 (Fla. [*1332] 4th DCA 1996); M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996). STONE, C.J., and WARNER and POLEN, JJ., concur.…
  • J.D. v. State, 723 So. 2d 371 (Fla. 4th DCA 1998)
    …and a misdemeanor battery. We remand only for correction of the order of commitment to reflect that the commitment is for a maximum period of no more than fifteen (15) years for the felony offense and one (1) year for the battery. See A.S. v. State, 677 So. 2d 1002 (Fla. 4th DCA 1996); M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996); and R.P. v. State, 695 So. 2d 490 (Fla. 4th DCA 1997). AFFIRMED in part and REMANDED. POLEN, FARMER and TAYLOR, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw