M.G., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a juvenile's battery conviction but vacated the indeterminate community control sentence, holding that when a juvenile is adjudicated delinquent, the disposition must be limited to the maximum sentence an adult could receive for the same crime.
When a juvenile is adjudicated delinquent, the disposition imposed must be limited in duration to the maximum sentence an adult could receive for the same offense.
[1] When a juvenile is adjudicated delinquent, the disposition is limited to the maximum sentence an adult could receive for the same crime, but when adjudication is withheld…
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Join FLexlaw to unlock all legal intelligenceA fifteen-year-old girl was adjudicated guilty of battery, a first-degree misdemeanor, and the trial court imposed an unspecified period of community …
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DANAHY, Acting Chief Judge.
The trial court adjudicated the appellant guilty of battery, a misdemeanor of the first degree. The appellant at that time was fifteen years and eleven months old. The trial court ordered that she serve an unspecified period of community control as a sanction for her delinquent conduct. We have reviewed the entire record pursuant to our obligation under In re Anders Briefs, 581 So. 2d 149 (Fla.1991), and find error only in the trial court’s sentencing the appellant to an indeterminate period of community control. This is so because the trial court adjudicated her delinquent. We directed the appellee 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). We agree with Judge Sha-hood’s reasoning in M.B. for the differing outcomes depending on whether the juvenile is adjudicated.
We affirm the conviction for battery but vacate the disposition and remand for redis-position of not more than one year of community control.
FRANK and THREADGILL, JJ., concur.
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N.W. v. State, 767 So. 2d 446 (Fla. 2000)…and ordered N.W. to remain on community control until December of 1997. N.W. sought review 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 juvenile…
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T.J. v. State, 743 So. 2d 1158 (Fla. 2d DCA 1999)…s. . This case does not involve the imposition of 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)…
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D.L.J. v. State, 765 So. 2d 740 (Fla. 1st DCA 2000)…ver, when adjudication is pronounced in a juvenile case, the disposition imposed is limited to the maximum sentence which could be imposed upon an adult for the same offense. See D.P. v. State, 730 So. 2d 414, 415 (Fla. 5th DCA 1999); M.G. v. State, 696 So. 2d 1340, 1341 (Fla. 2d DCA 1997); A.C. v. State, 688 So. 2d 1004 (Fla. 2d DCA 1997). The maximum permissible period of incarceration for a second degree misdemeanor is 60 days. See § 775.082(4)(b), Fla.Stat. (1999). This court has joined with the Second an…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- M. B. v. State, 693 So. 2d 1066 (Fla. 4th DCA 1997)