N.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed the adjudication of delinquency but vacated the disposition order because the trial court improperly combined a second-degree misdemeanor with third-degree felonies without specifying the 60-day maximum term for the misdemeanor, requiring separate disposition orders on remand.
A trial court must enter separate disposition orders for each offense when combining a second-degree misdemeanor with third-degree felonies and must specify the maximum allowable term for the misdemeanor.
[1] A trial court must enter separate disposition orders for each offense when a second-degree misdemeanor is charged with third-degree felonies and must specify the statutor…
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Join FLexlaw to unlock all legal intelligenceA juvenile was adjudicated delinquent on charges including a second-degree misdemeanor and three third-degree felonies, which were included in a singl…
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PER CURIAM.
This is an appeal of a juvenile disposition order in which the trial court included a second-degree misdemeanor with three third-degree felonies in the same order without specifying that the maximum allowable term for the second-degree misdemeanor is 60 days. The State concedes that this constitutes error. T.B. v. State, 732 So. 2d 1163 (Fla. 1st DCA 1999) (State properly conceded trial court’s error in including second-degree misdemeanor with third-degree felonies in one juvenile disposition order, especially where different offenses carried different statutory maximum terms of commitment; order was vacated and case remanded with instructions to enter separate orders for each offense and to specify term of commitment for misdemeanor offense); M.C.P. v. State, 732 So. 2d 339 (Fla. 1st DCA 1998); A.F. v. State, 718 So. 2d 260 (Fla. 1st DCA 1998); 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).
We AFFIRM the adjudication of delinquency, VACATE the order, and REMAND for clarification and issuance of separate disposition orders for each offense in compliance with the procedure set forth in T.B., 732 So. 2d at 1167. The appellant need not be present for these purely ministerial corrective acts. Id.
ALLEN, WEBSTER and BROWNING, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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K.L.P. v. State, 783 So. 2d 336 (Fla. 1st DCA 2001)…Court has repeatedly stated that a separate order of adjudication and disposition must be entered for each juvenile offense. See D.L.J. v. State, 765 So. 2d 740 (Fla. 1st DCA 2000); T.B. v. State, 732 So. 2d 1163 (Fla. 1st DCA 1999); N.B. v. State, 746 So. 2d 1245 (Fla. 1st DCA 1999); A.F. v. State, 718 So. 2d 260 (Fla. 1st DCA 1998); C.D.N. v. State, 720 So. 2d 601 (Fla. 1st DCA 1998). Here, the trial court entered a single disposition order for all the cases against the appellant with attached documents for…
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T.W. v. State, 775 So. 2d 1017 (Fla. 1st DCA 2001)…for indeterminate periods of commitment or community control that exceed the statutory maximum for the offenses constitute illegal dispositions that require reversal and remand for entry of new orders.”). The state concedes error. See N.B. v. State, 746 So. 2d 1245, 1246 (Fla. 1st DCA 1999); KM.P. v. State, 735 So. 2d 506, 507 (Fla. 1st DCA 1999); B.K.W. v. State, 732 So. 2d 447, 447-48 (Fla. 1st DCA 1999). We reverse and remand for entry of separate disposition orders for each offense. BENTON, PADOVANO, and…
Authorities Cited
- M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996)
- C.P. v. State, 674 So. 2d 183 (Fla. 2d DCA 1996)
- A. F. v. State, 718 So. 2d 260 (Fla. 1st DCA 1998)
- William Earl Banks v. Singletary, 718 So. 2d 260 (Fla. 1st DCA 1998)
- T.G. v. State, 677 So. 2d 957 (Fla. 2d DCA 1996)
- M.C.P. v. State, 732 So. 2d 339 (Fla. 1st DCA 1998)
- T.B. v. State, 732 So. 2d 1163 (Fla. 1st DCA 1999)