IN THE INTEREST OF R.D.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile's adjudication for a third petit theft constitutes a felony conviction under the statute, regardless of their juvenile status.
Appellant, a juvenile, was adjudicated delinquent for violating a felony petit theft statute based on his third petit larceny adjudication. He argued …
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DAUKSCH, Judge.
This is an appeal from a delinquency adjudication. Appellant was adjudicated delinquent after he was found to have violated a felony petit theft statute. Under section 812.014(2)(c), Florida Statutes (1985), any person convicted for the third time of petit theft is guilty not of a misdemeanor, as petit theft, but of a felony for having been thrice convicted.
Appellant says this felony petit theft provision does not apply to him because he is a juvenile, even though it was his third petit larceny adjudication. We disagree and adopt the reasoning and holding of T.S.W v. State, 489 So. 2d 1146 (Fla. 2d DCA 1986). We place emphasis upon the same wording from section 89.10(4), Florida Statutes (1985), that the opinion of Judge Grimes does, viz:
Except for use in a subsequent proceeding under this chapter, an adjudication by a court that a child has committed a delinquent act shall not be deemed a conviction; nor shall the child be deemed to have been found guilty or to be a criminal by reason of that adjudication; nor shall that adjudication operate to impose upon the child any of the civil disabilities ordinarily imposed by or resulting from conviction or to disqualify or prejudice the child in any civil service application or appointment. However, an adjudication by the court that a juvenile has committed a delinquent act, including a violation of chapter 816 or chapter 322, shall constitute a “conviction” as that term is used in chapter 322. [emphasis added]
The adjudication is affirmed.
AFFIRMED.
UPCHURCH, C.J., and COBB, J., concur.
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State v. T.T., 773 So. 2d 586 (Fla. 1st DCA 2000)…State, 489 So. 2d 1146, 1147 (Fla. 2d DCA 1986) (construing statute to allow for use of prior juvenile delinquency adjudications for petit theft to be used to enhance the classification of a subsequent juvenile petit theft offense); R.D.D. v. State, 493 So. 2d 534 (Fla. 5th DCA 1986) (same). This statute does not address whether a withheld delinquency adjudication can be treated as a conviction in a subsequent juvenile proceeding. When the legislature has intended to include a withhold of adjudication withi…
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K.L.M. v. State, 525 So. 2d 501 (Fla. 5th DCA 1988)…PER CURIAM. ÍAFFIRMED on the authority of R.D.D. v. State, 493 So. 2d 534 (Fla. 5th DCA 1986). DAUKSCH, ORFINGER and DANIEL, JJ., concur.…
Authorities Cited
- T.S.W. v. State, 489 So. 2d 1146 (Fla. 2d DCA 1986)