M.S., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this prosecution for battery on a schoolmate, the appellant challenges two trial court evidentiary rulings as well as the sentence. The State concedes the sentencing error. We have reviewed the record and applicable law and affirm the appellant’s adjudication of delinquency for battery. We reverse the sentence and remand for resentencing in accord with C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996) (community service as a juvenile penalty is limited to the maximum adult term or to the date of the juvenile’s nineteenth birthday, whichever occurs first). See also M.B. v. State, 22 Fla. L. Weekly D1206 (Fla. 4th DCA May 14, 1997) (where adjudication withheld in juvenile disposition, indeterminate period of community control is proper sentence; if juvenile adjudicated, term of community control cannot be longer than term adult offender could be sentenced to).
We affirm the adjudication of delinquency but reverse and vacate the sentence and remand for resentencing.
DANAHY, A.C.J., and ALTENBERND and WHATLEY, JJ., concur.
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M.B. v. State, 706 So. 2d 942 (Fla. 2d DCA 1998)…available term of imprisonment for the statutory maximum. In this case, because the offense is a first degree misdemeanor, the term of community control must not exceed one year. See M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997); M.S. v. State, 695 So. 2d 891 (Fla. 2d DCA 1997). Order imposing community control reversed; remanded for proceedings consistent with this opinion. PARKER, C.J., and THREADGILL, J., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).…
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G.E.H. a child v. State, 744 So. 2d 1211 (Fla. 2d DCA 1999)…t be limited to one year, the maximum adult sentence for that offense. See J.D. v. State, 732 So. 2d 1135 (Fla. 2d DCA 1999); M.B. v. State, 706 So. 2d 942 (Fla. 2d DCA 1998); M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997); [*1212] M.S. v. State, 695 So. 2d 891 (Fla. 2d DCA 1997). Accordingly, we reverse the trial court’s disposition order and remand to the trial court with directions to enter a new disposition order consistent with this opinion. Affirmed in part, reversed in part and remanded. CAMPB…
Authorities Cited
- C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996)