V.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
V.W., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
693 So. 2d 722
Florida District Court of Appeal, Fifth District (1997)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We grant appellant’s motion for rehearing, withdraw our previous opinion and vacate the sentence.
V.W. entered a guilty plea and the trial court withheld an adjudication of delinquency. The trial court erred by placing V.W. on community control until V.W.’s 19th birthday in the year 2000. The maximum sentence that can be imposed for the first degree misdemeanor is one year in county jail or on community control. See G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997).
SENTENCE VACATED; REMANDED.
PETERSON, C.J., and W. SHARP and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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S.R.A. v. State, 766 So. 2d 277 (Fla. 4th DCA 2000)…(Fla.1986); § 984.15(1), Fla. Stat. (1995). The one-year period imposed on G.R.A. for disorderly conduct should therefore be reduced to a period not to exceed six months. Id.; see M.J.C. v. State, 701 So. 2d 128 (Fla. 5th DCA 1997); V.W. v. State, 693 So. 2d 722 (Fla. 5th DCA 1997). We decline to follow G.R.A.. Neither appellant nor the fifth district have identified any constitutional infirmity with M.B.’s statutory interpretation. The fifth district did not explain its legal reasoning for adjusting the s…
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J.W. v. State, 709 So. 2d 199 (Fla. 5th DCA 1998)…HARRIS, Judge. We reverse the sentence of this juvenile because it exceeds the maximum sentence permitted for these misdemeanor offenses. See V.W. v. State, 693 So. 2d 722 (Fla. 5th DCA 1997). We reverse the public defender’s lien because- the defendant was not advised of his right to contest the amount of the fee. See Stover v. State, 685 So. 2d 1026 (Fla. 5th DCA 1997). REVERSED and REMANDED for re-sentencing. T…
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D.S. v. State, 730 So. 2d 398 (Fla. 5th DCA 1999)…may “not exceed the maximum term of imprisonment that an adult may serve for the same offense.” Thus, D.S. can only be committed or placed on community control for one year. See also J.W. v. State, 709 So. 2d 199 (Fla. 5th DCA 1998); V.W. v. State, 693 So. 2d 722 (Fla. 5th DCA 1997); G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997). Accordingly, we affirm the adjudication of delinquency and remand to the trial court to specify that the term of community control is for a maximum of one year. ADJUDICATIO…
Authorities Cited
- G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997)