M.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-01-16
No. 4D01-85
STONE, STEVENSON and TAYLOR, JJ., concur.
805 So. 2d 76 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the disposition order on appeal. See C.W. v. State, 793 So. 2d 74 (Fla. 4th DCA 2001). However, we agree with appellant that, after witholding adjudication of delinquency, the trial court erred in failing to specify that the maximum period of time he may serve on community control is until his nineteenth birthday. See S.R.A. v. State, 766 So. 2d 277, 278 (Fla. 4th DCA 2000)(holding that where adjudication is withheld, the trial court may impose an indeterminate sentence of community control that cannot go beyond a child’s nineteenth birthday). Accordingly, we remand for the trial court to make this correction.

AFFIRMED in part; REVERSED and REMANDED, in part.

STONE, STEVENSON and TAYLOR, JJ., concur.


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  • Loring Spencer Jones v. State, 876 So. 2d 642 (Fla. 1st DCA 2004)
    …lied)). General conditions may be imposed either orally, or in writing, or both. General conditions of probation not orally pronounced at sentencing may nevertheless be validly imposed by subsequent timely written order of probation. Perez v. State, 805 So. 2d 76, 79 (Fla. 4th DCA 2002) (citing State v. Hart, 668 So. 2d 589, 592 (Fla.1996)). Revoking probation, however, for violating conditions neither orally pronounced nor embodied in a written order violates a defendant’s due process rights under the Flori…
  • X.G. v. State, 106 So. 3d 90 (Fla. 2d DCA 2013)
    …644 (Fla. 1st DCA 2004) (“Revoking probation ... for violating conditions neither orally pronounced nor embodied in a written order violates a defendant’s due process rights under the Florida and United States Constitutions.” (citing Perez v. State, 805 So. 2d 76, 79 (Fla. 4th DCA 2002)). Therefore, the trial court erred in revoking X.G.’s probation in case 10-CJ-6275 for failure to pay the restitution ordered in case 10-CJ-5510.1 [*92] Accordingly, we reverse the revocation of X.G.’s probation and resulting…
  • King v. State, 990 So. 2d 1191 (Fla. 5th DCA 2008)
    …1st DCA 2004) (“Revoking probation, however, for violating conditions neither orally pronounced nor embodied in a written order violates a defendant’s due process rights under the Florida and United States Con [*1194] stitutions.”); Perez v. State, 805 So. 2d 76, 79 (Fla. 4th DCA 2002) (“Because the condition which appellant violated was not included in the order of probation, it cannot be the basis for the revocation of his probation and his subsequent sentence. In addition, the court could not revoke appe…

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