B.C.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2003-03-04
No. 1D02-2725
ERVIN, WOLF and Van NORTWICK, JJ., concur.
838 So. 2d 664 Florida District Court of Appeal, First District (2003)

Opinion of the Court
PER CURIAM.

PER CURIAM.

B.C.M. appeals an order revoking probation, adjudicating him delinquent and imposing high-risk commitment and probation for the offense of first-degree misdemeanor petit theft. B.C.M. contends that because he had already served one year of commitment, which is equivalent to the maximum sentence for petit theft, his probationary term had expired; therefore, the trial court did not have jurisdiction over such offense, and the state agrees, conceding error. See § 985.231(l)(a)(l)(a) & (l)(d), Fla. Stat. (1999); N.P.L. v. State, 819 So. 2d 254 (Fla. 1st DCA 2002); T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997), approved on other grounds, 716 So. 2d 269 (Fla.1998).

REVERSED and REMANDED for further consistent proceedings.

ERVIN, WOLF and Van NORTWICK, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw