M.N., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the trial court’s ruling adjudicating appellant delinquent, but reverse his sentence. Appellant was found guilty of a third degree felony carrying a maximum adult sanction of five years in prison. The court’s disposition order placed appellant in a level six residential treatment program but did not specify maximum allowable time. As the state concedes, commitment to the Department of Juvenile Justice and community service is limited to the maximum adult term or to the date of the juvenile’s twenty-first birthday, whichever occurs first. See R.P. v. State, 695 So. 2d 490, 490 (Fla. 4th DCA 1997). We therefore vacate the disposition order and remand with instructions to specify the period of commitment, not to exceed the maximum adult sentence for the charge.
GUNTHER, WARNER and GROSS, JJ., concur.
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S.B. v. State, 834 So. 2d 964 (Fla. 2d DCA 2003)…em but, as Appellant had already filed his notice of appeal, it was entered at a time when the court was without jurisdiction and is, therefore, invalid. A disposition order must specify the period of commitment imposed by the court. M.N. v. State, 798 So. 2d 889 (Fla. 4th DCA 2001). This requirement is particularly important where, as here, the offenses range from second degree felonies down to second degree misdemeanors. We, therefore, vacate each of the disposition orders entered and remand with instructi…
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Q.K. v. State, 945 So. 2d 650 (Fla. 4th DCA 2007)…n the statutory maximum allowed by law. I.B. v. State, 816 So. 2d 230, 232 (Fla. 5th DCA 2002). “A disposition order must specify the period of commitment imposed by the court.” S.B. v. State, 834 So. 2d 964 (Fla. 2d DCA 2003) (citing M.N. v. State, 798 So. 2d 889 (Fla. 4th DCA 2001) (remanding “with instructions to specify the period of commitment, not to exceed the maximum adult sentence for the charge”)). “[LJanguage committing a juvenile for an indeterminate period of time no longer than a specific birthd…
Authorities Cited
- Washington v. State, 695 So. 2d 490 (Fla. 3d DCA 1997)
- R.P. v. State, 695 So. 2d 490 (Fla. 4th DCA 1997)