D.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
D.D., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
801 So. 2d 216
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the conviction but remand for resentencing as the State agrees we must, because the court erred in imposing an indefinite term of probation. Such a juvenile sentence cannot be longer than the maximum term an adult could serve for the same offense. J.H. v. State, 760 So. 2d 250 (Fla. 2d DCA 2000).
POLEN, C.J., KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stanley v. State, 975 So. 2d 599 (Fla. 2d DCA 2008)….75 months imposed in October 1994 and the 1994 guidelines range. We agree that the trial court erred in imposing sentences greater than the 37.75-month suspended sentences. See Beltran v. State, 854 So. 2d 774 (Fla. 2d DCA 2003); Leathers v. State, 801 So. 2d 216 (Fla. 2d DCA 2001). We therefore reverse the sentences and remand for resentencing. Affirmed in part, reversed in part and remanded. DAVIS and KELLY, JJ., Concur. . The record reflects that during this ten-year period Stanley traveled to other st…
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Green v. State, 4 So. 3d 44 (Fla. 1st DCA 2009)…er the defendant incarcerated for a period exceeding the suspended portion because to do so would be a violation of the double jeopardy clause. Mack v. State, 823 So. 2d 746, 748 n. 3 (Fla.2002) (citation omitted); accord [*45] Leathers v. State, 801 So. 2d 216, 217 (Fla. 2d DCA 2001) (“When a trial court imposes a suspended prison sentence and places the defendant on probation, upon revocation of probation, the trial court can only sentence the defendant at most to the suspended portion of the sentence.”)…
Authorities Cited
- Singleton v. State, 760 So. 2d 250 (Fla. 2d DCA 2000)
- J.H. v. State, 760 So. 2d 250 (Fla. 2d DCA 2000)