B. J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
B. J., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
374 So. 2d 1106
Florida District Court of Appeal, First District (1979)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The appellant raises as error the juvenile court’s commitment of him to HRS for a determinate period of six months. Appellant argues and the state concedes that the court cannot commit a juvenile for a specific period of time. The case is Reversed and Remanded for correction of the sentence,
ERVIN, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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L. J. N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982)…ate time period. Section 39.11(3) provides: “Any commitment of a delinquent child to the department shall be for an indeterminate period of time ... . ” In R. J. K. v. State, 375 So. 2d 871 (Fla. 1st DCA 1979), this court, relying on B. J. v. State, 374 So. 2d 1106 (Fla. 1st DCA 1979), established that a commitment for a period of not less than one year is a commitment for a specific period of time in violation of the statute. The court also erred in inserting as the number one placement priority an option no…
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R. J. K. v. State, 375 So. 2d 871 (Fla. 1st DCA 1979)…is juvenile proceeding which provided for his commitment to the Department of Health and Rehabilitative Services “for an indeterminate period of time of not less than one year ”, etc. The same point was raised on appeal in B. J. v. State of Florida, 374 So. 2d 1106 (1979). In that case the appellant argued and the State conceded that the trial court cannot commit a juvenile for a specific period of time. Habeas corpus is available to secure relief from an illegal or improper sentence. 15 Florida Jurisprudence…
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In the Interest of K.W.G. v. State, 510 So. 2d 1050 (Fla. 1st DCA 1987)…rized to sentence a juvenile in the manner attempted. We construe it as a prohibited mandatory minimum commitment with HRS. See L.J.N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982); R.J.K. v. State, 375 So. 2d 871 (Fla. 1st DCA 1979); B.J. v. State, 374 So. 2d 1106 (Fla. 1st DCA 1979). See also R.L. W. v. State, 467 So. 2d 828 (Fla. 2d DCA 1985). Accordingly we reverse and remand so that the trial court may sentence K.W.G. to an indeterminate period as required by section 39.11(3) Florida Statutes (1985). WI…