A.J.Y. v. State

District Court of Appeal of Florida

A.J.Y. v. State

687 So. 2d 921, 1997 Fla. App. LEXIS 349, 1997 WL 35193

District Court of Appeal of Florida·Decided January 31, 1997·No. No. 94-04361·Published·Cited by 3 cases

Opinion

FRANK, Acting Chief Judge.

A.J.Y. was committed to the Department of Juvenile Justice for an indeterminate period after having been found guilty of aggravated assault. A juvenile commitment, however, may not exceed the maximum statutory term of imprisonment applicable to adult sentencing for a given offense. R.H. v. State, 549 So.2d 742 (Fla. 2d DCA 1989). Thus we remand for the trial court to modify AJ.Y.’s commitment to reflect the five-year limit appropriate to a third degree felony. § 775.082(3)(d), Fla. Stat. (1995); [922] § 784.021(2), Fla. Stat. (1995). We otherwise affirm the adjudication.

ALTENBERND, J., and HALL, VINCENT T., (Senior) J., concur.

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FRANK, Acting Chief Judge.

A.J.Y. was committed to the Department of Juvenile Justice for an indeterminate period after having been found guilty of aggravated assault. A juvenile commitment, however, may not exceed the maximum statutory term of imprisonment applicable to adult sentencing for a given offense. R.H. v. State, 549 So.2d 742 (Fla. 2d DCA 1989). Thus we remand for the trial court to modify AJ.Y.’s commitment to reflect the five-year limit appropriate to a third degree felony. § 775.082(3)(d), Fla. Stat. (1995); [922] § 784.021(2), Fla. Stat. (1995). We otherwise affirm the adjudication.

ALTENBERND, J., and HALL, VINCENT T., (Senior) J., concur.

A.J.Y. v. State, 687 So. 2d 921, 1997 Fla. App. LEXIS 349, 1997 WL 35193 (Fla. Ct. App. 1997).

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Opinion

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