J.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
J.W., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
709 So. 2d 199
Florida District Court of Appeal, Fifth District (1998)
Positive Treatment
Cited by 6 cases
Opinion of the Court
HARRIS, Judge.
We reverse the sentence of this juvenile because it exceeds the maximum sentence permitted for these misdemeanor offenses. See V.W. v. State, 693 So. 2d 722 (Fla. 5th DCA 1997). We reverse the public defender’s lien because-the defendant was not advised of his right to contest the amount of the fee. See Stover v. State, 685 So. 2d 1026 (Fla. 5th DCA 1997).
REVERSED and REMANDED for re-sentencing.
THOMPSON, J., concurs.
GRIFFIN, C.J., dissents, without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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H.S. Musselwhite, Jr. v. Brian L. Charboneau & Kathleen E. Charboneau, 840 So. 2d 1158 (Fla. 5th DCA 2003)…In July 1994, the Charboneaus filed suit against Musselwhite for, among other things, breach of contract and specific performance. We affirmed the trial court’s conclusions that Musselwhite had breached the contract, see Musselwhite v. Charboneau, 709 So. 2d 199 (Fla. 5th DCA 1998), but that the Charboneaus were not entitled to specific performance, Charboneau v. Musselwhite, 758 So. 2d 688 (Fla. 5th DCA 2000). After the second appeal, the Charboneaus moved below for attorney’s fees and costs contending tha…
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Shuman v. Winnick, 725 So. 2d 1199 (Fla. 5th DCA 1999)…tion to consider the value of the property on rehearing where both parties presented evidence at trial on that issue. See Langer v. Aerovias, S.A., 584 So. 2d 175 (Fla. 3d DCA 1991). Accordingly, we affirm this ruling. See Musselwhite v. Charboneau, 709 So. 2d 199 (Fla. 5th DCA 1998). After the trial court entered its amended final judgment, Mr. Shuman moved for another rehearing. Mr. Shuman contends that the trial court erred in denying his motion for rehearing. We disagree. The basis of his motion was the…
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D.S. v. State, 730 So. 2d 398 (Fla. 5th DCA 1999)…d) states that any commitment of a delinquent child may “not exceed the maximum term of imprisonment that an adult may serve for the same offense.” Thus, D.S. can only be committed or placed on community control for one year. See also J.W. v. State, 709 So. 2d 199 (Fla. 5th DCA 1998); V.W. v. State, 693 So. 2d 722 (Fla. 5th DCA 1997); G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997). Accordingly, we affirm the adjudication of delinquency and remand to the trial court to specify that the term of community…
Authorities Cited
- V.W. v. State, 693 So. 2d 722 (Fla. 5th DCA 1997)
- Stover v. State, 685 So. 2d 1026 (Fla. 5th DCA 1997)