T.R.G., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in placing a juvenile on community control for an indeterminate period beyond the statutory maximum for the offense.
A twelve-year-old was adjudicated delinquent for simple battery, a first-degree misdemeanor. The trial court placed her on community control for an in…
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PER CURIAM.
Our independent review of the record in this appeal filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), disclosed an error that requires reversal of the disposition order. The trial court erred in placing T.R.G., then age twelve, on community control for an indeterminate period after it had adjudicated her delinquent for committing simple battery, a first-degree misdemeanor. § 39.054(l)(a)4, .054(4), Fla. Stat. (1995). See also C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996) (trial court cannot impose community control on juvenile for term greater than statutory maximum for offense upon which adjudication is based or beyond child’s nineteenth birthday, whichever comes first).1
Accordingly, we affirm the delinquency adjudication, but reverse the disposition order, and remand with directions for the trial court to enter a new disposition order that places T.R.G. on community control for a period of no more than one year — the maximum sen tence for a first-degree misdemeanor. See § 775.082(4)(a), Fla. Stat. (1995).
FRANK, A.C.J., BLUE, J., and RYDER, HERBOTE S., Senior Judge, concur. . We note that another panel of this court has recently reversed T.R.G.’s sister’s disposition order for this same reason. See M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997).
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A.L. v. State, 790 So. 2d 1149 (Fla. 2d DCA 2001)…ttery, a first degree misdemeanor, punishable by up to one year’s imprisonment. §§ 784.03(1), 775.082(4)(a), Fla. Stat. (1997). Thus, we must remand for imposition of a proper sentence with the commitment not to exceed one year. See T.R.G. v. State, 697 So. 2d 940 (Fla. 2d DCA 1997). Finally, A.L. argues that the oral pronouncement and the written judgment do not conform due to the requirement in the written order that A.L. write a letter of apology to the victim. We agree. Since the letter of apology was no…
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D.P. v. State, 730 So. 2d 414 (Fla. 5th DCA 1999)…legal dispositions that require reversal.” T.C. v. State, 23 Fla. L. Weekly D2343,-So. 2d-, 1998 WL 716898 (Fla. 1st DCA 1998); T.D.J. v. State, 725 So. 2d 466 (Fla. 1st DCA 1999); C.D.N v. State, 720 So. 2d 601 (Fla. 1st DCA 1998); T.R.G. v. State, 697 So. 2d 940 (Fla. 2d DCA 1997). The fact that D.P. may have served the maximum time provided by statute does not make the disposition order any less illegal. We therefore vacate the dispositions and remand for entry of separate disposition orders. The trial co…
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T.C. v. State, 736 So. 2d 698 (Fla. 1st DCA 1998)…ons that require reversal and remand for entry of new orders. See, e.g., M.J.P. v. State, 22 Fla. L. Weekly D2090, - So. 2d -, 1997 WL 536011 (Fla. 1st DCA Sept.3, 1997), approved, 23 Fla. ,L. Weekly S192, 717 So. 2d 459 (Fla.1998); T.R.G. v. State, 697 So. 2d 940 (Fla. 2d DCA 1997); T.G. v. State, 677 So. 2d 957 (Fla. 2d DCA 1996); M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996); C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996); B.S. v. State, 661 So. 2d 19 (Fla. 2d DCA 1994). While the disposition order a…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996)
- M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997)