J.P.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in entering a single disposition order for multiple offenses and in exceeding the statutory maximum sentence for petit theft.
Appellant was adjudicated delinquent for burglary and petit theft. The trial court issued a single order of adjudication and disposition and imposed a…
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PER CURIAM.
Appellant was charged by delinquency petitions in ease numbers 98-2358A and 99-320A with two counts of burglary of an unoccupied conveyance and petit theft. The trial court found him guilty as charged and adjudicated him delinquent. We affirm the adjudication of delinquency on all counts.1
However, the trial court erred in entering a single order of adjudication and disposition and a single order of post-commitment community control for all offenses. See J.M.J. v. State, 742 So. 2d 261 (Fla. 1st DCA 1997) (citing G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997), disapproved on other grounds by N.W. v. State, 767 So. 2d 446 (Fla.2000); and E.Y. v. State, 670 So. 2d 1079 (Fla. 2d DCA 1996)). Additionally, the trial court sentenced Appellant to one year of post-commitment community control for petit theft, a term which exceeds the statutory maximum for this second degree misdemeanor. See § 775.082(4)(b), Fla.Stat.; D.L.J. v. State, 765 So. 2d 740 (Fla. 1st DCA 2000).
We vacate the disposition order, and remand the cause with directions for entry of separate disposition orders for each offense and for imposition of a sentence that does not exceed 60 days for commitment and post-commitment control as to petit theft in case number 99-320A. See D.L.J., supra, at 742.
BOOTH, ALLEN and PADOVANO, JJ., CONCUR. . We reject the State’s recommendation that we affirm without prejudice to this juvenile filing a rule 3.800 motion to correct these sentencing errors. See Cargle v. State, 770 So. 2d 1151 (Fla.2000); A.F. v. State, 718 So. 2d 260, 262-63 (Fla. 1st DCA 1998).
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Citator
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L.W.G. v. State, 785 So. 2d 696 (Fla. 4th DCA 2001)…ne offense, separate disposition orders must be entered for each adjudicated offense in order to prevent confusion. See B.H. v. State, 721 So. 2d 1200 (Fla. 4th DCA 1998); see also J.A.L. v. State, 778 So. 2d 408 (Fla. 2d DCA 2001); J.P.C. v. State, 773 So. 2d 112 (Fla. 1st DCA 2000). Moreover, language committing a juvenile for an indeterminate period of time no longer than a specific birthday or the maximum term of imprisonment is error because such language could allow the sentence to be construed as runni…
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S.F. v. State, 799 So. 2d 330 (Fla. 2d DCA 2001)…ol for an indefinite period of time. The order placing S.F. on community control could not be for a period greater than sixty days, the maximum comparable adult sanction. See §§ 772.082(4)(b), 986.231(1)(a)(1)(a), Fla. Stat. (2000); J.P.C. v. State, 773 So. 2d 112 (Fla. 1st DCA 2000). Accordingly, we reverse and remand for the trial court to enter an order in compliance with this court’s opinion. Affirmed in part; reversed in part. BLUE, A.C.J., and SILBERMAN, J., Concur.…
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C.T. v. State, 901 So. 2d 928 (Fla. 2d DCA 2005)…ommunity control could not be for a period greater than sixty days, the maximum comparable adult sanction.” Id. at 330. In S.F. we relied, in part, on a decision of the First District which appeared to support such a conclusion. See J.P.C. v. State, 773 So. 2d 112 (Fla. 1st DCA 2000). However, our reliance on J.P.C. was misplaced. The effective statutory provision governing the powers of disposition in delinquency proceedings, in both S.F. and the present case, allows for the imposition of a six-month term of…
Authorities Cited
- N.W. v. State, 767 So. 2d 446 (Fla. 2000)
- G.R.A. v. State, 688 So. 2d 1027 (Fla. 5th DCA 1997)
- Rico L. Cargle v. State, 770 So. 2d 1151 (Fla. 2000)
- E.Y. v. State, 670 So. 2d 1079 (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)
- J.M.J. v. State, 742 So. 2d 261 (Fla. 1st DCA 1997)
- D.L.J. v. State, 765 So. 2d 740 (Fla. 1st DCA 2000)