J.H., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Judge.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no error affecting J.H.’s adjudication of delinquency; however, we reverse his sentence because he was improperly placed on community control for an indefinite period of time.
When a juvenile is sentenced to community control, such sentence may not last longer than the maximum term that an adult could serve for the same offense. See § 985.231(l)(d), Fla. Stat. (1997); T.J. v. State, 743 So. 2d 1158, 1160 (Fla. 2d DCA 1999); A.C. v. State, 688 So. 2d 1004 (Fla. 2d DCA 1997). J.H. was convicted of possession of marijuana, which is a first-degree misdemeanor. Therefore, his term of community control may not exceed one year. Accordingly, we affirm J.H.’s adjudication of delinquency, reverse his sentence, and remand it with instructions that his term of community control not exceed one year. THREADGILL, A.C.J., and DAVIS, J., Concur.
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Lloyd v. State, 844 So. 2d 713 (Fla. 2d DCA 2003)…See Cameron v. State, 807 So. 2d 744 (Fla. 4th DCA 2002); Brown v. State, 701 So. 2d 410 (Fla. 1st DCA 1997); Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995). See, e.g., Pelham v. State, 815 So. 2d 733 (Fla. 2d DCA 2002); Singleton v. State, 760 So. 2d 250 (Fla. 2d DCA 2000); Yankovski v. State, 785 So. 2d 1283 (Fla. 5th DCA 2001); see also Mann v. State, 453 So. 2d 784 (Fla.1984). There may be some occasions when the State should be prevented from seeking a habitual offender sentence on remand, but…
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D.D. v. State, 801 So. 2d 216 (Fla. 4th DCA 2001)…n but remand for resentencing as the State agrees we must, because the court erred in imposing an indefinite term of probation. Such a juvenile sentence cannot be longer than the maximum term an adult could serve for the same offense. J.H. v. State, 760 So. 2d 250 (Fla. 2d DCA 2000). POLEN, C.J., KLEIN and STEVENSON, JJ., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- T.J. v. State, 743 So. 2d 1158 (Fla. 2d DCA 1999)
- A.C. v. State, 688 So. 2d 1004 (Fla. 2d DCA 1997)