IN THE INTEREST OF K.M.P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a juvenile delinquency adjudication order committing the child for an indeterminate period, holding that separate orders of adjudication must be entered for each offense and that commitments for second-degree misdemeanor offenses cannot exceed sixty days.
A single commitment order for multiple juvenile offenses is improper; separate orders of adjudication must be entered for each offense, and commitments for second-degree misdemeanor offenses cannot exceed sixty days.
[1] Separate orders of adjudication must be entered for each offense in juvenile delinquency proceedings rather than a single commitment order covering multiple offenses.
[2] Commitments for offenses punishable as second-degree misdemeanors when committed by an adult cannot exceed sixty days in juvenile proceedings.
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Join FLexlaw to unlock all legal intelligenceK.M.P. was adjudicated delinquent of four offenses: two that would constitute second-degree felonies and two that would constitute second-degree misde…
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PER CURIAM.
K.M.P. appeals from an order adjudicating him delinquent of offenses which, if he had been an adult, would have constituted two second degree felonies and two second degree misdemeanors. For all four offenses, a single order committed him “for an indeterminate period no longer than the maximum period allowed by law or the youth’s 19th birthday.” We reverse.
The state does not suggest that entry of the order under review was lawful, only that no error was preserved for appellate review as purportedly required by Florida Rule of Appellate Procedure 9.140(d), as made applicable by Florida Rule of Appellate Procedure 9.145(a). Having explicitly held in A.F. v. State, 718 So. 2d 260, 263 (Fla. 1st DCA 1998), “that Rule 9.140(d) cannot be applied to limit juvenile appeals,” we reject the state’s argument. See State v. A.L.W., 717 So. 2d 913, 913 (Fla.1998); State v. T.M.B., 716 So. 2d 269, 269 (Fla.1998). We reverse and remand for entry of a separate order of adjudication for each offense. See AF. v. State, 718 So. 2d at 263; A.L.W. v. State, 22 Fla.L. Weekly D2227, D2227,-So. 2d-,-, 1997 WL 578660 (Fla. 1st DCA Sept.16, 1997), approved, 717 So. 2d 913 (Fla.1998); J.M.J. v. State, 22 Fla.L. Weekly D1673, D1673, — So. 2d-, 1997 WL 369951 (Fla. 1st DCA July 7, 1997), approved, State v. T.M.B., 716 So. 2d 269 (Fla.1998). No commitment for an offense punishable as a second degree misdemeanor when committed by an adult can exceed sixty days. See S.C. v. Peterson, 718 So. 2d 220, 221 (Fla. 4th DCA 1998).
Reversed and Remanded.
BOOTH, BENTON, and-VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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T.W. v. State, 775 So. 2d 1017 (Fla. 1st DCA 2001)…l that exceed the statutory maximum for the offenses constitute illegal dispositions that require reversal and remand for entry of new orders.”). The state concedes error. See N.B. v. State, 746 So. 2d 1245, 1246 (Fla. 1st DCA 1999); KM.P. v. State, 735 So. 2d 506, 507 (Fla. 1st DCA 1999); B.K.W. v. State, 732 So. 2d 447, 447-48 (Fla. 1st DCA 1999). We reverse and remand for entry of separate disposition orders for each offense. BENTON, PADOVANO, and POLSTON, JJ., concur.…
Authorities Cited
- State v. T.M.B., 716 So. 2d 269 (Fla. 1998)
- A. F. v. State, 718 So. 2d 260 (Fla. 1st DCA 1998)
- William Earl Banks v. Singletary, 718 So. 2d 260 (Fla. 1st DCA 1998)
- State v. ALW, 717 So. 2d 913 (Fla. 1998)
- S.C. v. Peterson, 718 So. 2d 220 (Fla. 4th DCA 1998)