M. B., CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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M.B., a minor, was found guilty of battery after a bench trial. The trial court withheld adjudication and imposed community control with HRS supervision for an indeterminate period plus thirty hours of community service. M.B. appealed claiming the sentence exceeded the statutory maximum for the underlying offense, but the appellate court affirmed, finding that the statutory restrictions on sentence length apply only when adjudication is entered.
The appellate court held that the statutory restrictions on sentence duration under section 39.054 apply only when a child has been adjudicated delinquent. Because M.B. was not adjudicated (adjudication was withheld), section 39.053 governs instead, and the restrictions relating to commitment or comparisons to adult sanctions do not apply. The sentence of community control with HRS supervision for an indeterminate period and thirty hours of community service is appropriate.
[1] A court's imposition of community control and community service for an indeterminate period is permissible when adjudication is withheld.
[2] Statutory restrictions on the duration of supervision or community service programs for delinquent children apply only when the child has been adjudicated delinquent.
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Join FLexlaw to unlock all legal intelligence“If supervision or a program of community service is ordered by the court, the duration of such supervision or program must be consistent with any treatment and rehabilitation needs identified for the child and may not exceed the term for which sentence could be imposed if the child were committed for the offense.”
Statutory provision M.B. relied upon, establishing the general rule that community service cannot exceed the maximum sentence for the offense
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Join FLexlaw to unlock all legal intelligenceM.B. was tried before a judge and found guilty of one count of battery. The trial court withheld adjudication, placed him on community control under H…
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SHAHOOD, Judge.
After a bench trial, appellant M.B., was found guilty of one count of battery. The court withheld adjudication, placed him on community control under HRS supervision for an indeterminate period, and ordered him to perform thirty hours of community service. M.B. appeals, asserting that the court cannot impose community control and participation in a community service program for a term which exceeds the maximum term for the underlying offense. See A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992).
Section 39.054(l)(a)l, Florida Statutes (1993), provides:
If supervision or a program of community service is ordered by the court, the duration of such supervision or program must be consistent with any treatment and rehabilitation needs identified for the child and may not exceed the term for which sentence could be imposed if the child were committed for the offense....
In addition, section 39.054(4), Florida Statutes (1993), provides:
Any commitment of a delinquent child to the [Department of Juvenile Justice] shall be for an indeterminate period of time, but the time shall not exceed the maximum term of imprisonment which an adult may serve for the same offense.
These sections of chapter 39 are applicable only when the court is dealing with a child who has been adjudicated delinquent. See § 39.054(1), Fla. Stat. (1993). In this case, M.B. was not “adjudicated” for purposes of the statute. His case therefore falls under the provisions of section 39.053, Florida Statutes; thus, the restrictions relating to commitment or comparisons to adult sanctions are not involved. D.V.S. v. State, 632 So. 2d 221 (Fla. 5th DCA 1994).
We find that, in light of the withhold of adjudication, the court’s sentence of community control with HRS supervision for an indeterminate period and the requirement of the performance of thirty hours of community service is an appropriate sentence, and affirm.
AFFIRMED.
WARNER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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N.W. v. State, 767 So. 2d 446 (Fla. 2000)…ew of this determination. On appeal, the Second District affirmed the lower court’s ruling. In so doing, the court relied on its own decision in M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997), and the Fourth District’s decision in M.B. v. State, 693 So. 2d 1066 (Fla. 4th DCA 1997). Both of these cases stand for the proposition that the limitations on supervision set forth in section 39.054(l)(a)l apply only to juveniles who have been adjudicated delinquent. In the present case, the district court reasoned…
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T.J. v. State, 743 So. 2d 1158 (Fla. 2d DCA 1999)…community control on a withhold of adjudication. See § 985.228(4), Fla. Stat. (1997). In that situation, the court is not limited by the restrictions set forth in section 985.231. See M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997); M.B. v. State, 693 So. 2d 1066 (Fla. 4th DCA 1997) (both cases involving nearly identical older version of statute contained in former chapter 39); D.V.S. v. State, 632 So. 2d 221 (Fla. 5th DCA 1994). . Section 985.23 l(l)(a)(l)(a) provides that if a program of supervision is or…
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M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997)…rected the ap-pellee to file a supplemental response and it conceded the error. When a juvenile is adjudicated, the disposition imposed is limited in time to the amount for which an adult could be sentenced for the same crime. Compare M.B. v. State, 693 So. 2d 1066 (Fla. 4th DCA 1997) (where juvenile had adjudication withheld, indeterminate period of community control is a proper disposition; if juvenile had been adjudicated, disposition would have been limited to time adult could have served for same crime).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A.R. v. State, 593 So. 2d 1128 (Fla. 1st DCA 1992)
- D.V.S. v. State, 632 So. 2d 221 (Fla. 5th DCA 1994)