A.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THREADGILL, Acting Chief Judge.
A.W., a juvenile, appeals an order adjudicating him delinquent of possession of alcohol by a minor and committing him to the Department of Juvenile Justice for an indeterminate term. The offense in this case is a second-degree misdemeanor. The statutory maximum sentence for the offense, as charged, is sixty days. § 775.082(4)(b), Fla. Stat. (2000). A disposition order that provides for an indeterminate period of commitment that exceeds the statutory maximum for the offense constitutes an illegal disposition. T.C. v. State, 736 So. 2d 698 (Fla. 1st DCA 1998). The State concedes error in this case. We therefore reverse the disposition order and remand for entry of a new order that limits the commitment term to the statutory maximum for the offense. We affirm in all other respects.
WHATLEY and CASANUEVA, JJ., concur.
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Verdell Harvey v. State, 865 So. 2d 518 (Fla. 2d DCA 2003)…CASANUEVA, Judge. In the second appearance of this appeal in this court, Verdell Harvey again challenges the trial court’s order denying his motion for postconviction relief. In Harvey v. State, 787 So. 2d 149, 150 (Fla. 2d DCA 2001) (Harvey I), Mr. Harvey contended the trial court erred in failing to reclassify his conviction for second-degree murder from a first-degree felony to a life felony. At the time of the offense, a defendant could not receive a…
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K.A. v. State, 152 So. 3d 117 (Fla. 2d DCA 2014)…erm. A court may place an adjudicated delinquent child on probation for a period that “may not exceed the term for which sentence could be imposed if the child were committed for the offense.” § 985.435(5), Fla. Stat. (2012); see also A.W. v. State, 787 So. 2d 149, 149 (Fla. 2d DCA 2001). A first-degree misdemeanor is punishable by a term of imprisonment not exceeding one year. § 775.082(4)(a), Fla. Stat. (2012). Therefore, the longest K.A. could have been placed on probation for improper exhibition of a weap…
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M.J.Y. v. State, 811 So. 2d 700 (Fla. 2d DCA 2002)…g him to the Department of Juvenile Justice for an indeterminate term. A disposition order that provides for an indeterminate period of commitment that exceeds the statutory maximum for the offense constitutes an illegal disposition. AW. v. State, 787 So. 2d 149 (Fla. 2d DCA 2001). Here, M.J.Y. was convicted of disrupting a school campus or function and trespass in an occupied structure. The offense of disrupting a school campus or function is a misdemeanor of the second degree, punishable by up to sixty da…
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- T.C. v. State, 736 So. 2d 698 (Fla. 1st DCA 1998)