D.O., A CHILD
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-08-21
No. 2025-0775
King, J., Makar, J., Edwards, J., Eisnaugle, J.
2026 FL 10754 Florida District Court of Appeal, Fifth District (2026)

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Holding

Misdemeanor sentences imposed on a juvenile must not exceed the statutory maximum prescribed by § 985.455(3), Florida Statutes.


Headnotes

[1] Juvenile misdemeanor sentences must not exceed the statutory maximum prescribed by § 985.455(3), Florida Statutes.

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Facts & Procedural History

D.O., a child, was convicted of multiple offenses in Marion County Circuit Court and received misdemeanor sentences that exceeded the statutory maximu…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

D.O., A CHILD, Appellant,

V.

STATE OF FLORIDA, Appellee.

Case No. 5D2025-0775 LT Case Nos. 2024-CJ-000796-A 2024-CJ-000797-A 2024-CJ-000798-A 2024-CJ-000803-A 2024-CJ-000902-A

On appeal from the Circuit Court for Marion County. Bradley E. King, Judge.

Matthew J. Metz, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

August 21, 2026

PER CURIAM.

We reverse Appellant's misdemeanor sentences because they exceed the statutory maximum. See § 985.455(3), Fla. Stat. (2024); J. W. v. State, 709 So. 2d 199, 199 (Fla. 5th DCA 1998). We otherwise affirm.

REVERSED in part; AFFIRMED in part; and REMANDED.

MAKAR, EDWARDS, and EISNAUGLE, JJ., concur.


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