STATE OF FLORIDA, PETITIONER,
v.
M.D., A CHILD, RESPONDENT

Fla. 2d DCA | 1998-01-14
No. 97-04077
ALTENBERND, A.C.J., and BLUE and FULMER, JJ., concur.
706 So. 2d 41 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 5 cases

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Synopsis

The State sought certiorari and mandamus to overturn a juvenile court's decision to defer disposition in a delinquency case until after the defendant turned 18, thereby avoiding the mandatory driver's license suspension required by Florida Statute § 322.056(1) for offenders under 18. The court held that deferring disposition to circumvent this statutory mandate constitutes a departure from the essential requirements of law and quashed the deferral order.


Holding

A trial court may not defer disposition to circumvent the statutory mandate of § 322.056(1). The acceptance of a guilty plea while the defendant is under 18 years old triggers the statutory requirement for immediate suspension of driving privileges, regardless of when the dispositional hearing is scheduled.


Headnotes

[1] A trial court departs from the essential requirements of law by deferring disposition of a delinquency case to avoid a statutory mandate for the suspension of driving pri…

[2] A guilty plea entered and accepted by a trial court while a juvenile is under 18 years of age constitutes a finding of delinquency for the purpose of triggering mandatory…

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Key Quotes

“the trial judge postponed disposition in order to avoid the license suspension required by the statute”

Establishes the trial court's improper motivation for deferring disposition

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Facts & Procedural History

On September 16, 1997, M.D., then 17 years old, entered a guilty plea to misdemeanor possession of marijuana. The trial court accepted the plea but de…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The State petitions this court for certiorari and mandamus relief from the juvenile trial court’s decision to defer disposition in a delinquency case in order, it alleges, to avoid the legislative mandate of section 322.056(1), Florida Statutes (1995), which requires trial courts to direct that the driving privileges of offenders under 18 years of age be suspended if they have been found guilty of or delinquent for a violation of certain offenses. We quash the trial court’s order, which postponed disposition for a period of nearly eight months, and direct the court to proceed with disposition of this ease in a timely manner.

On September 16,1997, M.D. entered a guilty plea to the offense of misdemeanor possession of marijuana.

At the hearing, he signed a plea form which the trial court endorsed indicating acceptance of the plea. Disposition was deferred until May 11, 1998, which falls five days after M.D.’s eighteenth birthday. At that time he will no longer be subject to the mandatory suspension of his driving privileges required by section 322.056(1).

The State alleges, and it is clear from the transcript of the proceeding, that the trial judge postponed disposition in order to avoid the license suspension required by the statute. Although section 322.055, Florida Statutes (1995), imposes similar suspension requirements on adults who are convicted of certain drug offenses, this statute would not apply to M.D. after he reaches the age of 18 because he was not prosecuted as an adult. By arranging for his dispositional hearing just days after his eighteenth birthday, the trial court has created a small window between sections 322.055 and 322.056, Florida Statutes (1995), which allows M.D. to avoid the sanction mandated by these statutes.

The State argues that the trial court departed from the essential requirements of law by manipulating its docket to shield M.D. from the reach of the statute.

We agree. The language of section 322.055 leaves no discretion in the presiding judge.

Furthermore, the mandate of the statute cannot be avoided by the trial court’s announcement that adjudication is withheld, because the statute is triggered when a person under 18 years of age “is found guilty or delinquent for a violation of [enumerated offenses].” M.D. entered a guilty plea.

The trial court’s acceptance of the plea constitutes a finding of delinquency. See State v. R.N., 597 So. 2d 862 (Fla. 5th DCA 1992). Because the plea was entered and accepted while M.D. was 17 years of age, the trial judge was required to direct the Department of Highway Safety and Motor Vehicles to suspend his driving privileges.

Therefore, the failure to do so constitutes a departure from the essential requirements of law, for which the State has no remedy on direct appeal, as M.D. will have escaped the application of section 322.056(1) were the State to wait to appeal the disposition which has been deferred until after his eighteenth birthday.

Certiorari granted, order deferring disposition until May 5, 1998, quashed, and remanded for further proceedings consistent with this opinion.

ALTENBERND, A.C.J., and BLUE and FULMER, JJ., concur.


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Citator

Cited By

  • State v. Alan Ira Richman, M.D., 861 So. 2d 1195 (Fla. 2d DCA 2003)
    …in refusing to allow such evidence. The State will be irreparably harmed in the presentation of its case, see State v. Cohens, 701 So. 2d 362, 364 (Fla. 2d DCA 1997), and will be without a legal remedy if Dr. Richman is acquitted. See State v. M.D., 706 So. 2d 41, 42 (Fla. 2d DCA 1998). Therefore, we grant the petition for certio-rari and quash the trial court’s amended order excluding the collateral crime evidence at issue. Petition granted. SALCINES, KELLY, and CANADY, JJ., concur. SALCINES, J., concurs…
  • State v. J.V.W., 739 So. 2d 173 (Fla. 2d DCA 1999)
    …ithholding of adjudication was not the equivalent of a not guilty finding. The requirements of section 322.056(1) are mandatory, even when a no contest plea has been entered and adjudication has been withheld. See id. at 863; see also State v. M.D., 706 So. 2d 41 (Fla. 2d DCA 1998). Accordingly, we reverse the disposition order and remand with directions that J.V.W.’s driver’s license be suspended in accordance with the requirements of section 322.056. Reversed and remanded with directions. FULMER, A.C…
  • State v. M.A.P., 708 So. 2d 322 (Fla. 2d DCA 1998)
    …if they have been found guilty of or delinquent for a violation of certain offenses. It is undisputed that the charge in this case falls within the statute. The language of section- 322.056 leaves no discretion in the trial court. See State v. M.D., 706 So. 2d 41 (Fla. 2d DCA 1998). Because M.A.P.’s guilty plea was entered while he was 17 years of age, the trial court was required to direct the Department of Highway Safety and Motor Vehicles to suspend his driving privileges. The failure to do so constitut…

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