STATE OF FLORIDA, APPELLANT,
v.
A. B., A CHILD, APPELLEE
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The State appealed a trial court's decision to withhold adjudication of delinquency for a juvenile who pled no contest to possession of a firearm on school grounds and assault with a deadly weapon. The appellate court affirmed, holding that Florida's juvenile firearm statute does not expressly prohibit courts from withholding adjudication, unlike the adult counterpart statute.
The trial court has discretion to withhold adjudication of delinquency under section 790.22(9). Unlike the adult counterpart statute (section 775.087(2)), the juvenile firearm statute does not expressly restrict the court's discretion to withhold adjudication. The language requiring credit for time served is a direction regarding detention credit, not a prohibition on withholding adjudication.
[1] A trial court has discretion to withhold adjudication of delinquency for a juvenile charged with possession of a firearm on school grounds and assault with a deadly weapo…
[2] Unlike the adult counterpart statute, the juvenile firearm statute does not contain an express restriction on the court's discretion to withhold adjudication.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Unlike this statute's adult counterpart, section 775.087(2), Florida Statutes (1997), which provides that when any person is convicted of such crimes as aggravated assault and during the commission of the offense, such person possessed a firearm, "adjudication of guilt or imposition of a sentence shall not be suspended, deferred, or withheld," section 790.22 does not contain any express restriction on the court's discretion to withhold adjudication.”
Establishes the key distinction between the juvenile and adult statutes—the adult statute explicitly mandates adjudication while the juvenile statute does not contain such express restriction
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA.B., a juvenile, pled no contest to possession of a firearm on school grounds and assault with a deadly weapon. The probable cause affidavit revealed…
The full statement of facts, procedural history, and disposition for this case are member content.
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POLEN, J.
A.B., a juvenile, entered a plea of no contest to charges of possession of a firearm on school grounds and assault with a deadly weapon. The state timely appeals from the trial court’s subsequent withholding adjudication of delinquency. We have jurisdiction under section 985.234(l)(b)(8), Florida Statutes (1997).
A.B. pled no contest to possession of a firearm on school grounds and assault with a deadly weapon. At disposition, the trial court withheld adjudication, sentenced him to five days of secure detention but credited him for time already served, and imposed other conditions with respect to community control. The state objected,to the withhold of adjudication. Noting that the probable cause affidavit revealed A.B. had taken the gun to school to kill another student, and that A.B. had two prior offenses which the state had handled nonjudicially, it unsuccessfully argued that section 790.22(9) mandated an adjudication of delinquency.
The state argues that the trial court lacked discretion under section 790.22(9), Florida Statutes (1997)1 to withhold adjudication of delinquency in sentencing A.B. We disagree. Unlike this statute’s adult counterpart, section 775.087(2), Florida Statutes (1997), which provides that when any person is convicted of such crimes as aggravated assault2 and during the commission of the offense, such person possessed a firearm, “adjudication of guilt or imposition of a sentence shall not be suspended, deferred, or withheld,” id,3 section 790.22 does not contain any express restriction on the court’s discretion to withhold adjudication.
In any event, we interpret the last sentence of section 790.22 as a direction to the court to credit minors with any time that they served prior to the formal disposition of their charges. As such, we hold that such language did not prohibit the court’s exercise of discretion in withholding adjudication.
AFFIRMED.
FARMER and TAYLOR, JJ., concur. .That statute reads, in pertinent part,
[I]f the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, ... the court shall order:
(a) For a first offense, that the minor serve a mandatory period of detention of 5 days in a secure detention facility and perform 100 hours of community service.
The minor shall receive credit for time served before adjudication.
§ 790.22(9), Fla. Stat. (1997)(emphasis added).
. A.B.'s charge of "assault with a deadly weapon” is synonymous with a charge of “aggravated assault.” Grinage v. State, 641 So. 2d 1362 (Fla. 5th DCA 1994), rev. granted, 651 So. 2d 1196, approved, 656 So. 2d 457 (Fla.1995).
. Sections 316.656(1)(DUI) and 893.135(3), Florida Statutes (1997) (trafficking in drugs) also expressly mandate adjudications of guilt.
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State v. P.B., 727 So. 2d 1139 (Fla. 4th DCA 1999)…PER CURIAM. Affirmed. See State v. A.B., 24 Fla. L. Weekly D346, 725 So. 2d 1263 (Fla. 4th DCA 1999). GUNTHER, WARNER and STEVENSON, JJ., concur.…
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M.A.R. v. State, 67 So. 3d 232 (Fla. 2d DCA 2010)…n of guilt”; they adjudicate or withhold delinquency. See § 985.35(4)-(6); State v. Menuto, 912 So. 2d 603, 607 (Fla. 2d DCA 2005) (“[T]he juvenile justice system does not recognize the concept of ‘guilt.’ ”). The State’s reliance on State v. A.B., 725 So. 2d 1263 (Fla. 4th DCA 1999), is misplaced. The court in A.B. interpreted a statute that provided for sentencing of a minor found to have committed an offense involving the use or possession of a firearm. See id. at 1263 n. 1. In determining that this juveni…
Authorities Cited
- State v. Grinage, 656 So. 2d 457 (Fla. 1995)
- Grinage v. State, 641 So. 2d 1362 (Fla. 5th DCA 1994)