C.T., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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C.T. appeals from a delinquency adjudication and disposition order for battery and criminal mischief. The court affirmed the adjudication and disposition but used the case as an opportunity to recede from prior precedent in S.F. v. State, which had incorrectly limited probation terms for second-degree misdemeanors to 60 days rather than the statutory maximum of 6 months.
The court affirmed the adjudication of delinquency, the disposition for battery, and the six-month probation term for criminal mischief. The court receded from S.F. v. State, 799 So.2d 330 (Fla. 2d DCA 2001), which had incorrectly limited supervision terms for second-degree misdemeanors to 60 days, because Florida Statute § 985.231(1)(a)(1)(a) expressly permits supervision terms of up to 6 months for second-degree misdemeanor offenses.
[1] A six-month term of probation is a permissible disposition for a second-degree misdemeanor offense in a delinquency proceeding.
[2] Statutory provisions governing delinquency proceedings allow for supervision terms that may exceed the maximum comparable adult sanction for second-degree misdemeanors.
Previewing 2 of 3 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“the duration of such supervision or program for an offense that is a misdemeanor of the second degree, or is equivalent to a misdemeanor of the second degree, may be for a period not to exceed 6 months”
The statute explicitly authorizing six-month supervision terms for second-degree misdemeanors, which the court relied upon to recede from S.F.
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Join FLexlaw to unlock all legal intelligenceC.T. was adjudicated delinquent for first-degree misdemeanor battery and second-degree misdemeanor criminal mischief. The court imposed adjudication a…
The full statement of facts, procedural history, and disposition for this case are member content.
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SALCINES, Judge.
C.T. appeals from an order of adjudication of delinquency and disposition for the offenses of first-degree misdemeanor battery and second-degree misdemeanor criminal mischief. We affirm without discussion the adjudication of delinquency and the disposition for the battery. We also affirm the six-month term of probation imposed for the second-degree misdemeanor criminal mischief but write to explain why we must recede from this court’s decision in S.F. v. State, 799 So. 2d 330 (Fla. 2d DCA 2001).
In that case, this court reversed an order placing S.F. on community control for an indefinite period of time and explained: “The order placing S.F. on community control could not be for a period greater than sixty days, the maximum comparable adult sanction.” Id. at 330. In S.F. we relied, in part, on a decision of the First District which appeared to support such a conclusion. See J.P.C. v. State, 773 So. 2d 112 (Fla. 1st DCA 2000). However, our reliance on J.P.C. was misplaced. The effective statutory provision governing the powers of disposition in delinquency proceedings, in both S.F. and the present case, allows for the imposition of a six-month term of supervision for a second-degree misdemeanor. See § 985.231(1)(a)(1)(a), Fla. Stat. (2000, 2003). Indeed, the version of the statute applicable to C.T. states:
If supervision or a program of community service is ordered by the court, the duration of such supervision or program must be consistent with any treatment and rehabilitation needs identified for the child and may not exceed the term for which sentence could be imposed if the child were committed for the offense, except that the duration of such supervision or program for an offense that is a misdemeanor of the second degree, or is equivalent to a misdemean-or of the second degree, may he for a period not to exceed 6 months.
§ 985.231(1)(a)(1)(a), Fla. Stat. (2003) (emphasis added).
Accordingly, to the extent that S.F., 799 So. 2d 330, contravenes section 985.231(l)(a)(l)(a), we recede.
Affirmed.
ALTENBERND, C.J., and FULMER, WHATLEY, NORTHCUTT, CASANUEVA, STRINGER, DAVIS, SILBERMAN, KELLY, CANADY, VILLANTI, WALLACE, and LAROSE, JJ., Concur.
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Citator
Authorities Cited
- S.F. v. State, 799 So. 2d 330 (Fla. 2d DCA 2001)
- Lamont S. Pink v. Fla. Dep't OF Corr., 799 So. 2d 330 (Fla. 1st DCA 2001)
- J.P.C. v. State, 773 So. 2d 112 (Fla. 1st DCA 2000)