M.J.Y., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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M.J.Y., a juvenile, appeals his delinquency adjudications and sentences for drug offenses and school-related offenses. The court affirmed the cocaine possession and delivery convictions but reversed the sentences for trespass and disrupting a school function because the trial court imposed an indeterminate commitment term exceeding the statutory maximum for those misdemeanors.
The court affirmed the cocaine adjudications and sentences in case number UCN 00-3849 but reversed the sentences in case number UCN 00-5156 because an indeterminate commitment exceeding the statutory maximum for the offenses constitutes an illegal disposition. The court remanded for entry of a new disposition order limiting commitment to the statutory maximum.
[1] A disposition order that provides for an indeterminate period of commitment exceeding the statutory maximum for the offense constitutes an illegal disposition.
[2] Commitment to the Department of Juvenile Justice for an indeterminate term, when the underlying offenses have statutory maximum jail terms, is an illegal disposition.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A disposition order that provides for an indeterminate period of commitment that exceeds the statutory maximum for the offense constitutes an illegal disposition.”
This quote establishes the governing legal standard for reviewing the trial court's commitment order.
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Join FLexlaw to unlock all legal intelligenceM.J.Y. was adjudicated delinquent in two separate cases. In case number UCN 00-3849, he was convicted of possession and delivery of cocaine. In case n…
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WHATLEY, Judge.
M.J.Y., a juvenile, appeals his adjudications of delinquency and sentences for possession and delivery of cocaine in case number UCN 00-3849, and he appeals his sentences for trespass and disrupting a school function in case number UCN 00-5156. We affirm the adjudication and sentences in case number UCN 00-3849 without discussion. However, we reverse M.J.Y.’s sentences in case number UCN 00-5156, because the trial court erred in committing 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 days in jail. § 877.13(l)(a), Fla. Stat. (1999); § 775.082(4)(b), Fla. Stat. (1999). Trespass in an occupied structure is a misdemeanor of the first degree, punishable by no more than one year in jail. § 810.08(2)(b), Fla. Stat. (1999); § 775.082(4)(a), Fla. Stat. (1999). Therefore, we reverse the disposition order in case number UCN 00-5156 and remand for entry of a new order that limits the commitment term to the statutory maximum for the offenses.
Accordingly, we affirm M.J.Y.’s adjudications of delinquency and sentences in case number UCN 00-3849 and his adjudications of delinquency in case number UCN 00-5156, but we reverse his sentences in case number 00-5156 for entry of an order that limits the commitment term to the statutory maximum for the offenses.
Affirmed in part; reversed in part; and remanded with directions.
NORTHCUTT and SILBERMAN, JJ., Concur.
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K.A. v. State, 152 So. 3d 117 (Fla. 2d DCA 2014)…aced on probation for improper exhibition of a weapon was one year. “A disposition order that provides for an indeterminate period of commitment that exceeds the statutory maximum for the offense constitutes an illegal disposition.” M.J.Y. v. State, 811 So. 2d 700, 701 (Fla. 2d DCA 2002). Since K.A. was adjudicated delinquent in December 2012, her probation for improper exhibition of a firearm should have terminated in December 2013. As for the battery charge, the court withheld an adjudication of delinquen…
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- A.W. v. State, 787 So. 2d 149 (Fla. 2d DCA 2001)
- Verdell Harvey v. State, 787 So. 2d 149 (Fla. 2d DCA 2001)