M.K.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Juvenile's convictions for armed trespass upheld under principal liability doctrine, but driving privilege revocation order quashed due to lack of trial court jurisdiction and absence of firearm possession charge.
A juvenile may be convicted as a principal for armed trespass when accomplices carried firearms, even if the juvenile personally did not carry a weapon.
[1] A trial court lacks jurisdiction to revoke a juvenile's driving privileges seven days after an appeal is filed, and such revocation is improper when the juvenile was not…
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Join FLexlaw to unlock all legal intelligenceM.K.T., a juvenile, was convicted of aimed trespass while armed with a firearm in two vehicles (a Jeep and a Ford Explorer). She admitted the trespass…
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COBB, Judge.
M.K.T., a juvenile, has appealed her convictions for aimed trespass while armed with a firearm in two vehicles — a Jeep and a Ford Explorer. Her argument on each charge is simple: there was no evidence that she, personally, ever carried any weapon during the incidents that gave rise to these charges in each case. She admits the trespasses but denies being armed. The state’s response is also simple: she was guilty as a principal for participating in the offenses with two accomplices who clearly were armed with firearms. We agree with the argument of the state. See Jones v. State, 648 So. 2d 1210 (Fla. 4th DCA 1995).
We find merit, however, in the appellant’s contention that the trial court erred in this case by entering an order revoking her driving privileges for six months. The order was entered seven days after the instant appeal was filed, thereby depriving the trial court of jurisdiction. Moreover, M.K.T. was never charged or adjudicated delinquent for possession of a firearm by a minor under subsections 790.22(3) and (5), Florida Statutes (1995). Accordingly, we quash the order of revocation of driving privileges entered by the trial court on March 8, 1996.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
HARRIS and THOMPSON, JJ., concur.
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L.G. v. State, 702 So. 2d 1337 (Fla. 5th DCA 1997)…iring him to obtain employment and attend school every day are improper because a notice of appeal had been filed before the November 27th order was rendered. Fla. R.App. P. 9.600; Britt v. State, 687 So. 2d 930 (Fla. 5th DCA 1997); M.K.T. v. State, 685 So. 2d 995 (Fla. 5th DCA 1997). We disagree. At all times in this case, it was clear to the parties that a subsequent hearing was to be held and that based on ARF’s recommendations, additional conditions of community control were contemplated. Thus the notice…
Authorities Cited
- Jones v. State, 648 So. 2d 1210 (Fla. 4th DCA 1995)