A.B., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-10-31
No. 2D00-2932
GREEN and DAVIS, JJ., Concur.
805 So. 2d 924 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 6 cases
Topics
Anders V. California Procedure Adjudication Of Delinquency

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Opinion of the Court
BLUE, Chief Judge.

BLUE, Chief Judge.

In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no error in the adjudication of A.B.’s delinquency for possession of marijuana and possession of drug paraphernalia. There is, however, a problem with the disposition order. When multiple offenses constitute the basis of a delinquency adjudication, the trial court must enter a separate disposition order for each offense. P.J.C. v. State, 730 So. 2d 791, 792 (Fla. 2d DCA 1999). Additionally, the period of commitment imposed may not exceed the maximum term of imprisonment that an adult could serve for the same offense. § 985.231(1)(a)(8), Fla. Stat. (1999). Therefore, we reverse the disposition order and remand for the trial court to enter separate orders of disposition for each offense that do not impose commitment beyond the comparable adult sanction.

Affirmed in part, reversed in part, and remanded with directions.

GREEN and DAVIS, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • S.B. v. State, 834 So. 2d 964 (Fla. 2d DCA 2003)
    …individual charge or the date when Appellant attains his majority, at which time the department will lose jurisdiction over him. On remand, we point out that the trial court should enter a separate disposition order for each offense. A.B. v. State, 805 So. 2d 924 (Fla. 2d DCA 2001); P.J.C. v. State, 730 So. 2d 791 (Fla. 2d DCA 1999). Reversed and remanded with instructions. SALCINES, J., and THREADGILL, EDWARD F., Senior Judge, Concur.…
  • J.D.C. v. State, 841 So. 2d 642 (Fla. 2d DCA 2003)
    …a separate disposition order for each offense that does not impose commitment beyond the comparable adult sanction and that complies with the requirements of rule 8.115(c). See D.S.S. v. State, 806 So. 2d 554, 556 (Fla. 2d DCA 2002); A.B. v. State, 805 So. 2d 924 (Fla. 2d DCA 2001). Accordingly, we affirm the adjudication of delinquency, reverse the disposition order, and remand for the trial court to enter separate orders of disposition for each offense. Affirmed in part, reversed in part, and remanded.…
  • J.W. v. State, 832 So. 2d 206 (Fla. 2d DCA 2002)
    …ourt disposed of both offenses in one disposition order. This court has held that “[w]hen multiple offenses constitute the basis of a delinquency adjudication, the trial court must enter a separate disposition order for each offense.” A.B. v. State, 805 So. 2d 924, 925 (Fla. 2d DCA 2001) (citing P.J.C. v. State, 730 So. 2d 791, 792 (Fla. 2d DCA 1999)). Therefore, we affirm J.W.’s adjudication, reverse the disposition order, and remand for the trial court to enter a separate disposition order for each offense.…

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