M.R., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
M.R., APPELLANT,
STATE OF FLORIDA, APPELLEE
777 So. 2d 995
Florida District Court of Appeal, Second District (2000)
Negative Treatment
Cited by 7 cases
Opinion of the Court
WHATLEY, Judge.
M.R. appeals the trial court’s adjudication of delinquency for violating Tampa’s juvenile curfew ordinance. See Tampa, Fla., Code § 14-26(c) (1996). He argues that the ordinance is unconstitutional. We affirm under the authority of this court’s recent decisions in J.P. v. State, 775 So. 2d 324 (Fla. 2d DCA 2000), and State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000).
We again certify the following questions of great public importance:
WHAT LEVEL OF SCRUTINY MUST A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDINANCE?
WHETHER THE TAMPA JUVENILE CURFEW ORDINANCE IS CONSTITUTIONAL?
Affirmed.
PARKER, A.C.J., and FULMER, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lebron v. State, 870 So. 2d 165 (Fla. 2d DCA 2004)…96 days of jail credit. However, this court has repeatedly held that a trial court may not rescind jail credit previously awarded even if the initial award was improper. See, e.g., Platt v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002); Bailey v. State, 777 So. 2d 995 (Fla. 2d DCA 2000); Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997). Accordingly, we remand this case to the trial court for it to correct the judgment and sentence and the clerk’s certificate to reflect the 344 days of jail credit initially awar…
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Platt v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002)
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King v. State, 913 So. 2d 758 (Fla. 2d DCA 2005)…gal and therefore subject to modification at any time.... Moreover, any attempt to rescind jail credits already awarded constitutes an • enhancement of the defendant’s sentence that violates the prohibition against double jeopardy. Bailey v. State, 777 So. 2d 995, 996 (Fla. 2d DCA 2000); see also Platt v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002). The trial court erred in rescinding Mr. King’s original award of 516 and 534 days of credit in these two cases, respectively. Therefore, we reverse the court’s ord…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tenet Healthcare Corp. v. Hialeah-Miami Springs Med. Fund, 761 So. 2d 1140 (Fla. 3d DCA 2000)
- State v. T.M., 761 So. 2d 1140 (Fla. 2d DCA 2000)
- J.P. v. State, 775 So. 2d 324 (Fla. 2d DCA 2000)