K.L.P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the adjudication of delinquency was proper, the sentence imposed was erroneous due to exceeding statutory limits and failing to enter separate disposition orders for each offense.
Appellant pled guilty to battery and violation of community control. The trial court entered a single disposition order for all offenses and imposed a…
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PER CURIAM.
In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we find no error in the adjudication of the appellant’s delinquency. We do find error, however, in the sentence imposed by the trial court after the appellant pled guilty to battery, a first degree misdemeanor, and violation of community control for two underlying third degree felonies.
This 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 each offense. This is in contravention of both Rule 8.115(c) and court precedent.
Furthermore, the trial court committed the appellant to low-risk for “an indeterminate period but not longer than the maximum sentence allowable by law or the youth’s 19th birthday.” In the attachment on the battery offense, the trial court also sentenced the appellant to community control for a maximum period of one year. This total sentence exceeds the maximum period of one year of a first degree misdemeanor. See § 775.082(4)(a), Fla. Stat. (1999) (limiting maximum imprisonment period for first degree misdemeanor to one year).
Accordingly, we affirm the adjudication of the appellant’s delinquency but vacate the disposition order. We remand for entry of a new order limiting the total sentence for the misdemeanor offense to one year. On remand, the trial court should enter separate disposition orders for each offense.
AFFIRMED in part; VACATED in part; REMANDED with directions.
BOOTH, WOLF and LEWIS, JJ., concur.
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N.E.B. v. State, 806 So. 2d 575 (Fla. 1st DCA 2002)…ursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We affirm the dispositions but vacate the disposition order and remand with instructions to enter separate disposition orders for each offense. See K.L.P. v. State, 783 So. 2d 336, 336 (Fla. 1st DCA 2001) (“This Court has repeatedly stated that a separate order of adjudication and disposition must be entered for each juvenile offense.”). ALLEN, C.J., MINER and DAVIS, JJ., concur.…
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N.P.L. v. State, 819 So. 2d 254 (Fla. 1st DCA 2002)…PER CURIAM. In this juvenile delinquency appeal, we vacate the amended disposition orders entered, and remand with directions that the trial court enter a separate order for each offense, rather than each case. E.g., K.L.P. v. State, 783 So. 2d 336 (Fla. 1st DCA 2001) (and cases cited therein); J.M.J. v. State, 742 So. 2d 261, 263 (Fla. 1st DCA 1997). Because it appears that appellant had served the maximum commitment permitted by law for the second-degree misdemeanor offenses before the secon…
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B.A.B. v. State, 853 So. 2d 554 (Fla. 1st DCA 2003)…ial court deprived appellant of his entitlement to review a PDR prior to the disposition hearing as provided for in section 985.229(3). We also conclude that the trial court erred in entering a single order for the two offenses. See K.L.P. v. State, 783 So. 2d 336, 336 (Fla. 1st DCA 2001) (holding that the trial court acted in contravention of both case precedent and Florida Rule of Juvenile Procedure 8.115 by entering a single disposition order for all of the cases against the appellant). Accordingly, becau…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- 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)
- 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)
- C.D.N. v. State, 720 So. 2d 601 (Fla. 1st DCA 1998)
- N.B. v. State, 746 So. 2d 1245 (Fla. 1st DCA 1999)