F.N.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*759] PER CURIAM.
We affirm the trial court’s adjudication of delinquency. However, we remand for the trial court’s correction of the disposition order. Appellant was 16 years old at the time of the disposition proceedings. The trial court ordered her commitment to the Department of Juvenile Justice for no longer than the maximum sentence allowable by law or her 21st birthday. This sentence could be construed to exceed the statutory maximum for a first degree misdemeanor. See A.F. v. State, 718 So. 2d 260, 263 (Fla. 1st DCA 1998); L.W.G. v. State, 785 So. 2d 696 (Fla. 4th DCA 2001) (citing R.P. v. State, 695 So. 2d 490 (Fla. 4th DCA 1997); M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996)). Accordingly, the disposition order should be amended to reflect that Appellant’s commitment shall last no longer than one year. Additionally, although the disposition order correctly reflects that Appellant pleaded guilty to a first degree misdemeanor, the statutory reference should be amended to reflect that she violated section 812.014(3)(b), Florida Statutes.
BOOTH, BARFIELD and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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G.V. v. State, 863 So. 2d 1271 (Fla. 2d DCA 2004)…st specify the degree of the offense, the maximum penalty, and that the commitment is limited to one year, the maximum adult sentence for each of the first-degree misdemeanors. See J.D.C. v. State, 841 So. 2d 642 (Fla. 2d DCA 2003); F.N.S. v. State, 807 So. 2d 758 (Fla. 1st DCA 2002). G.V. also argues that the disposition order is deficient for the additional reason that the trial judge did not enter written findings of the facts upon which the adjudication is based. G.V. cites to section 985.228(5), Florid…
Authorities Cited
- M.S. v. State, 675 So. 2d 215 (Fla. 4th DCA 1996)
- L.W.G. v. State, 785 So. 2d 696 (Fla. 4th DCA 2001)
- 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)
- Washington v. State, 695 So. 2d 490 (Fla. 3d DCA 1997)
- R.P. v. State, 695 So. 2d 490 (Fla. 4th DCA 1997)