N.W., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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N.W., a juvenile, appealed an order finding him in violation of community control, arguing the court lacked jurisdiction because the six-month limitation on community control had expired. The Second District affirmed, holding that the six-month limitation begins from the date of adjudication, not from the initial disposition order when adjudication was withheld.
The court has jurisdiction because the six-month limitation on community control applies only from the date of adjudication, not from the initial disposition order when adjudication was withheld. Since N.W. was adjudicated delinquent on June 2, 1997, the six-month period did not expire until December 2, 1997, allowing the August 1997 violation proceeding to proceed.
[1] The six-month limitation on supervision or community control for a juvenile adjudicated delinquent for a second-degree misdemeanor applies from the date of adjudication,…
[2] A juvenile's community control period does not expire until six months after adjudication when adjudication was initially withheld.
Previewing 2 of 4 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“the six-month limitation on supervision and community control set forth in section 39.054(l)(a)l. applies only to juveniles who are adjudicated delinquent”
Establishes that the statutory time limit begins from adjudication, not from initial disposition when adjudication is withheld
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Join FLexlaw to unlock all legal intelligenceIn October 1996, N.W. was charged with disrupting a school function, a second degree misdemeanor. He admitted the charge on December 13, 1996, and the…
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NORTHCUTT, Judge.
N.W., a juvenile, appeals an order finding him in violation of his community control. He contends that the circuit court should have dismissed the proceedings against him for lack of jurisdiction. We affirm, but certify that our decision conflicts with that of another district court of appeal.
N.W.’s case stemmed from an October 1996 delinquency petition alleging that he had disrupted a school function, a second degree misdemeanor. On December 13, 1996, he admitted the charge. In its disposition order the court required N.W. to perform several conditions, but it withheld adjudication.
The following spring the court issued an order to show cause alleging that N.W. had violated the conditions of the December order. In late May N.W. appeared and admitted the allegations. On June 2, 1997, the court rendered an order finding N.W. to be in contempt of court and adjudicating him delinquent. At a June 11, 1997, disposition hearing the court placed N.W. on community control for six months.
This appeal arises from proceedings on an August 1997 allegation by the Depart ment of Juvenile Justice that N.W. had violated several conditions of his community control. N.W. admitted the violations, but his attorney urged the court to dismiss the proceedings because its jurisdiction over N.W. expired six months after the December 13, 1996, disposition order. This argument was premised on section 39.054(l)(a)l., Florida Statutes (1995),1 which provides that a child adjudicated delinquent for a second degree misdemeanor may be placed under supervision or on community control for a period not to exceed six months.
The circuit court correctly rejected this argument. In M.B. v. State, 693 So. 2d 1066 (Fla. 4th DCA 1997), the Fourth District held that the six-month limitation on supervision and community control set forth in section 39.054(l)(a)l. applies only to juveniles who are adjudicated delinquent. We stated our agreement with this view in M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997). Here, N.W. was not adjudicated delinquent until June 2, 1997. Therefore, the six-month limitation on his supervision or community control did not expire until December 2, 1997.
When denying N.W.’s motion to dismiss, the circuit court acknowledged the Fifth District’s holding that even when adjudication is withheld, the court may not impose a penalty that is harsher than one that would be permitted if the juvenile were adjudicated delinquent or were an adult offender. See G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997). We certify that our decision today conflicts with the Fifth District’s G.R.A. decision.
Affirmed; conflict certified.
FULMER, A.C.J., and WHATLEY, J„ Concur. . Renumbered as section 985.231, Florida Statutes (1997), by chapter 97-238, Laws of Florida, effective October 1, 1997.
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N.W. v. State, 767 So. 2d 446 (Fla. 2000)…PER CURIAM. We have for review N.W. v. State, 736 So. 2d 710 (Fla. 2d DCA 1999), based on certified conflict with G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997), on the issue of whether the time limitations imposed by section 39.054(1), Florida Statutes (1995), relating to juveniles who are adjudicated…
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S.R.A. v. State, 766 So. 2d 277 (Fla. 4th DCA 2000)…urns nineteen. This holding is consistent with M.B. v. State, 693 So. 2d 1066 (Fla. 4th DCA 1997), which construed similar provisions of Chapter 39, Florida Statutes (1993). The second district has agreed with the holding of M.B.. See N.W. v. State, 736 So. 2d 710 (Fla. 2d DCA), rev. granted, 744 So. 2d 455 (Fla.1999); M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997). Appellant urges us to recede from M.B. and follow G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997). There the fifth district held that re…
Authorities Cited
- G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997)
- M. B. v. State, 693 So. 2d 1066 (Fla. 4th DCA 1997)
- M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997)