STATE OF FLORIDA, APPELLANT,
v.
T.T., A CHILD, APPELLEE
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Florida appealed the dismissal of a delinquency petition charging a 17-year-old with felony petit theft. The court held that withheld adjudications of delinquency from prior petit theft cases cannot be counted as prior convictions to support a felony petit theft charge in a subsequent juvenile delinquency proceeding, absent explicit statutory language.
Withheld adjudications of delinquency cannot be treated as prior convictions for purposes of supporting a felony petit theft charge in subsequent juvenile delinquency proceedings. The court held that absent express statutory language or a statutory framework clearly contemplating that withheld adjudications constitute convictions, they cannot be so treated.
[1] A withheld adjudication of delinquency does not constitute a prior conviction for purposes of enhancing a subsequent juvenile offense to a felony, absent explicit statuto…
[2] Juvenile delinquency adjudications can be treated as convictions in subsequent delinquency proceedings, as provided by statute.
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“Section 985.228(6), Florida Statutes (1999), clearly provides that juvenile delinquency adjudications can be treated as convictions when used in subsequent delinquency proceedings.”
Establishes that adjudications of delinquency can be treated as prior convictions, but the statute does not address withheld adjudications.
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Join FLexlaw to unlock all legal intelligenceAppellee, age 17, was arrested for petit theft after snatching another woman's purse. The state filed a delinquency petition charging felony petit the…
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WOLF, J.
Appellant, State of Florida, challenges a final order dismissing a delinquency petition charging appellee with felony petit theft. The issue before the court is whether the trial court erred in granting appel-lee’s motion to dismiss the delinquency petition where appellee’s two prior petit theft cases had been disposed of with with held adjudications of delinquency. We find no abuse of discretion and affirm.
Appellee was arrested on a charge of petit theft for taking another woman’s purse. Appellee was 17 years old at the time of her arrest. The state filed a delinquency petition against appellee, charging her with felony petit theft for the purse snatching and alleging that appellee had “two or more prior convictions for theft including 97-2445 and 99-1488, contrary to section 812.014(3)(c), Florida Statutes.” A preliminary report on appellee prepared by the Florida Department of Juvenile Justice indicated that appellee had received withheld adjudications of delinquency for the two identified prior petit thefts. Appellee filed a motion to dismiss the delinquency charge on grounds that her two prior withheld delinquency adjudications for petit theft did not constitute the prior convictions necessary to support a charge of felony petit theft. After hearing argument from the parties, the trial court entered an order granting appellee’s motion.
Section 985.228(6), Florida Statutes (1999), clearly provides that juvenile delinquency adjudications can be treated as convictions when used in subsequent delinquency proceedings. See T.S.W. v. State, 489 So. 2d 1146, 1147 (Fla. 2d DCA 1986) (construing statute to allow for use of prior juvenile delinquency adjudications for petit theft to be used to enhance the classification of a subsequent juvenile petit theft offense); R.D.D. v. State, 493 So. 2d 534 (Fla. 5th DCA 1986) (same). This statute does not address whether a withheld delinquency adjudication can be treated as a conviction in a subsequent juvenile proceeding.
When the legislature has intended to include a withhold of adjudication within the definition of a prior conviction, it has done so in explicit terms. See § 784.03(2), Fla. Stat. (1999) (“For purposes of this subsection, ‘conviction’ means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld.”). Legislative intent in this regard may also be determined from a particular statutory scheme which clearly contemplates that “the term ‘conviction’ ... include both adjudications and withheld adjudications.” Raulerson v. State, 763 So. 2d 285, 290 (Fla.2000) (holding that the term “conviction” as used in section 322.34(1), Florida Statutes, contemplates both adjudications and withheld adjudications). In the instant case, there is no express statutory language or statutory framework which indicates that a withheld delinquency adjudication can be considered a conviction for purposes of charging the juvenile in subsequent delinquency proceedings with felony petit theft. We therefore affirm.
JOANOS and BENTON, JJ., concur.
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Citator
Cited By
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J.E.A. v. State, 842 So. 2d 851 (Fla. 2d DCA 2002)…this section expressly provides that a delinquency adjudication may be used as a “conviction” in subsequent juvenile proceedings, it is silent concerning the use of a disposition resulting in a withheld adjudication for this purpose. State v. T.T., 773 So. 2d 586 (Fla. 1st DCA 2000) (affirming the dismissal of a delinquency petition which charged a child with felony petit theft based on two prior withheld adjudications and finding no statutory authority for enhancing the offense). J.E.A. was adjudicated deli…
Authorities Cited
- Raulerson v. State, 763 So. 2d 285 (Fla. 2000)
- T.S.W. v. State, 489 So. 2d 1146 (Fla. 2d DCA 1986)
- In the Interest of R.D.D. v. State, 493 So. 2d 534 (Fla. 5th DCA 1986)