STATE OF FLORIDA, APPELLANT,
v.
C.R., APPELLEE
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The State appealed a juvenile disposition order in which the trial court placed C.R. on probation without imposing mandatory detention for discharging a firearm. The appellate court held that section 790.22(9) requires a minimum fifteen-day detention period and that the trial court lacked discretion to waive this requirement, even to achieve consistency with codefendants' sentences.
The trial court lacked discretion to refuse the mandatory fifteen-day detention required by section 790.22(9). The statute mandates detention for firearm offenses, and the court must impose this requirement regardless of the dispositions imposed on codefendants.
[1] A trial court must impose a mandatory minimum period of detention for a juvenile found to have committed an offense involving the use or possession of a firearm, as requi…
[2] A trial court lacks discretion to deviate from a statutory mandate to impose a specific period of detention for a juvenile offense involving a firearm.
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“Although we sympathize with the trial court's attempt to treat all the codefen-dants fairly and consistently, we agree with the State that the trial court had no discretion to refuse to impose the mandatory fifteen-day detention on C.R.”
Establishes that while the trial court's goal was reasonable, the statute mandates detention with no discretionary exception.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceC.R., a juvenile, was charged with possession of a loaded firearm by a minor and discharging a firearm in public. C.R. entered a guilty plea to both c…
The full statement of facts, procedural history, and disposition for this case are member content.
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KELLY, Judge.
The State appeals from the trial court’s disposition order that places C.R. on probation. The State argues that the trial court erred in failing to impose fifteen days of detention as required by section 790.22(9), Florida Statutes (2005).1 We agree and reverse.
C.R., a juvenile, was charged by delinquency petition with possession of a loaded firearm by a minor and discharging a firearm in public. C.R. entered a guilty plea to the charges. At the disposition hearing, the State argued that the trial court was required by statute to impose a fifteen-day term of detention on C.R. for discharging a firearm. The defense pointed out that the trial court had not imposed detention on C.R.’s codefendants for the same offenses and argued that C.R. should receive the same disposition as his codefendants.2 The trial court agreed that C.R. should be sentenced consistently with his codefen-dants and declined to impose detention.
Although we sympathize with the trial court’s attempt to treat all the codefen-dants fairly and consistently, we agree with the State that the trial court had no discretion to refuse to impose the mandatory fifteen-day detention on C.R. See State v. R.L.S., 712 So. 2d 1220 (Fla. 2d DCA 1998); State v. R.C.S., 837 So. 2d 517 (Fla. 3d DCA 2003). We likewise have no choice but to follow the statute.
Accordingly, we reverse the disposition order and remand with directions that the trial court impose the term of detention required by section 790.22(9) in addition to any other punishment already imposed.
Reversed and remanded.
FULMER, C.J., and ALTENBERND, J., Concur. . Section 790.22(9) states in pertinent part:
(9) Notwithstanding s. 985.214, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall order:
(a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility.
. It appears from the record that the State did not appeal the sentences imposed in the codefendants’ cases.
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State v. S.A. (Fla. 5th DCA 2019)…the requirements of the statute are clear—S.A. shall serve a minimum period of detention of fifteen days in a secure detention facility. § 790.22(9), Fla. Stat. (2018); see also State v. I.J., 258 So. 3d 473, 478 (Fla. 4th DCA 2018); State v. C.R., 959 So. 2d 1249, 1250 (Fla. 2d DCA 2007); State v. R.C.S., 837 So. 2d 517, 518 (Fla. 3d DCA 2003); State v. S.T., 803 So. 2d 782, 783 (Fla. 4th DCA 2001); State v. P.P., 763 So. 2d 554, 555 (Fla. 4th DCA 2000) (all holding that language of section 790.22(9) is man…
Authorities Cited
- State v. R.C.S., 837 So. 2d 517 (Fla. 3d DCA 2003)
- State v. R.L.S., 712 So. 2d 1220 (Fla. 2d DCA 1998)