C.T. v. State

District Court of Appeal of Florida

C.T. v. State

901 So. 2d 928, 2005 Fla. App. LEXIS 5944, 2005 WL 954913

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 2005

DocketNo. 2D04-3049

StatusPublished

This text of 901 So. 2d 928 (C.T. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C.T. v. State, 901 So. 2d 928, 2005 Fla. App. LEXIS 5944, 2005 WL 954913 (Fla. Ct. App. 2005).

Pincite

Opinion

EN BANC

SALCINES, Judge.

C.T. appeals from an order of adjudication of delinquency and disposition for the offenses of first-degree misdemeanor battery and second-degree misdemeanor criminal mischief. We affirm without discussion the adjudication of delinquency and the disposition for the battery. We also affirm the six-month term of probation imposed for the second-degree misdemeanor criminal mischief but write to explain why we must recede from this court’s decision in S.F. v. State, 799 So.2d 330 (Fla. 2d DCA 2001).

In that case, this court reversed an order placing S.F. on community control for an indefinite period of time and explained: “The order placing S.F. on community control could not be for a period greater than sixty days, the maximum comparable adult sanction.” Id. at 330. In S.F. we relied, in part, on a decision of the First District which appeared to support such a conclusion. See J.P.C. v. State, 773 So.2d 112 (Fla. 1st DCA 2000). However, our reliance on J.P.C. was misplaced. The effective statutory provision governing the powers of disposition in delinquency proceedings, in both S.F. and the present case, allows for the imposition of a six-month term of supervision for a second-degree misdemeanor. See § 985.231(1)(a)(1)(a), Fla. Stat. (2000, 2003). Indeed, the version of the statute applicable to C.T. states:

If supervision or a program of community service is ordered by the court, the duration of such supervision or program must be consistent with any treatment and rehabilitation needs identified for the child and may not exceed the term for which sentence could be imposed if the child were committed for the offense, except that the duration of such supervision or program for an offense that is a misdemeanor of the second degree, or is equivalent to a misdemean- or of the second degree, may he for a period not to exceed 6 months.

§ 985.231(1)(a)(1)(a), Fla. Stat. (2003) (emphasis added).

Accordingly, to the extent that S.F., 799 So.2d 330, contravenes section 985.231(l)(a)(l)(a), we recede.

Affirmed.

ALTENBERND, C.J., and FULMER, WHATLEY, NORTHCUTT, CASANUEVA, STRINGER, DAVIS, SILBERMAN, KELLY, CANADY, VILLANTI, WALLACE, and LAROSE, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

EN BANC

SALCINES, Judge.

C.T. appeals from an order of adjudication of delinquency and disposition for the offenses of first-degree misdemeanor battery and second-degree misdemeanor criminal mischief. We affirm without discussion the adjudication of delinquency and the disposition for the battery. We also affirm the six-month term of probation imposed for the second-degree misdemeanor criminal mischief but write to explain why we must recede from this court’s decision in S.F. v. State, 799 So.2d 330 (Fla. 2d DCA 2001).

In that case, this court reversed an order placing S.F. on community control for an indefinite period of time and explained: “The order placing S.F. on community control could not be for a period greater than sixty days, the maximum comparable adult sanction.” Id. at 330. In S.F. we relied, in part, on a decision of the First District which appeared to support such a conclusion. See J.P.C. v. State, 773 So.2d 112 (Fla. 1st DCA 2000). However, our reliance on J.P.C. was misplaced. The effective statutory provision governing the powers of disposition in delinquency proceedings, in both S.F. and the present case, allows for the imposition of a six-month term of supervision for a second-degree misdemeanor. See § 985.231(1)(a)(1)(a), Fla. Stat. (2000, 2003). Indeed, the version of the statute applicable to C.T. states:

If supervision or a program of community service is ordered by the court, the duration of such supervision or program must be consistent with any treatment and rehabilitation needs identified for the child and may not exceed the term for which sentence could be imposed if the child were committed for the offense, except that the duration of such supervision or program for an offense that is a misdemeanor of the second degree, or is equivalent to a misdemean- or of the second degree, may he for a period not to exceed 6 months.

§ 985.231(1)(a)(1)(a), Fla. Stat. (2003) (emphasis added).

Accordingly, to the extent that S.F., 799 So.2d 330, contravenes section 985.231(l)(a)(l)(a), we recede.

Affirmed.

ALTENBERND, C.J., and FULMER, WHATLEY, NORTHCUTT, CASANUEVA, STRINGER, DAVIS, SILBERMAN, KELLY, CANADY, VILLANTI, WALLACE, and LAROSE, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

901 So. 2d 928, 2005 Fla. App. LEXIS 5944, 2005 WL 954913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ct-v-state-fladistctapp-2005.

Opinion

Related

Cite This Page — Counsel Stack