A.J.Y., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-01-31
No. 94-04361
ALTENBERND, J., and HALL, VINCENT T., (Senior) J., concur.
687 So. 2d 921 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 2 cases
Opinion of the Court
FRANK, Acting Chief Judge.

FRANK, Acting Chief Judge.

A.J.Y. was committed to the Department of Juvenile Justice for an indeterminate period after having been found guilty of aggravated assault. A juvenile commitment, however, may not exceed the maximum statutory term of imprisonment applicable to adult sentencing for a given offense. R.H. v. State, 549 So. 2d 742 (Fla. 2d DCA 1989). Thus we remand for the trial court to modify AJ.Y.’s commitment to reflect the five-year limit appropriate to a third degree felony. § 775.082(3)(d), Fla. Stat. (1995); § 784.021(2), Fla. Stat. (1995). We otherwise affirm the adjudication.

ALTENBERND, J., and HALL, VINCENT T., (Senior) J., concur.

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  • D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)
    …and disrupting a school function) in pronouncing sentence, and did not specify the term of community control which was to follow the commitment or the maximum term of commitment, the sentence must be remanded for clarification. See A.J.Y. v. State, 687 So. 2d 921 (Fla. 2d DCA 1997); S.D. v. State, 687 So. 2d 948 (Fla. 2d DCA 1997). Moreover, the commitment order should be amended to show that appellant was adjudicated delinquent pursuant to a nolo plea. Finally, the written disposition order must be correct…
  • N.D. v. State, 706 So. 2d 931 (Fla. 2d DCA 1998)
    …ver, appellate .counsel correctly points out that the trial court erred in placing N.D. on community control for an indeterminate period without limiting the sentence to the five-year statutory maximum for a third-degree felony. See A.J.Y. v. State, 687 So. 2d 921 (Fla. 2d DCA 1997); §§ 231.06, 775.082, Fla. Stat. (1995). Upon independent review of the record, we agree that the trial court committed no reversible error, other than the failure to limit the term of community control. Therefore, we affirm the…

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