D.M. v. State

District Court of Appeal of Florida

D.M. v. State

854 So. 2d 831, 2003 Fla. App. LEXIS 14066, 2003 WL 22148901

CourtDistrict Court of Appeal of Florida

DecidedSeptember 19, 2003

DocketNo. 5D03-22

StatusPublished

This text of 854 So. 2d 831 (D.M. 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

D.M. v. State, 854 So. 2d 831, 2003 Fla. App. LEXIS 14066, 2003 WL 22148901 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

D.M., a juvenile, appeals a juvenile disposition order in circuit court case no. 02-420, which involved a first degree misdemeanor. In the disposition order, for this misdemeanor offense and various unrelated felony offenses, the court committed D.M. “to the Department of Juvenile Justice for placement in [a] High Risk (Level 8) program for an indeterminate period, but no longer than the maximum sentence allowable by law ... or [his] 21st birthday, whichever occurs first....” D.M. contends, and the State concedes, that his misdemeanor sentence must be limited to the maximum term that could be imposed on an adult for the same offense. I.B. v. State, 816 So.2d 280, 232 (Fla. 5th DCA 2002).

We affirm D.M.’s conviction, but, on remand, the circuit court shall clarify the commitment order in circuit court case no. 02-420 to make it clear that D.M.’s commitment is for a period of one year, but not to exceed his 19th birthday. D.M. need not be present for resentencing.

AFFIRMED AND REMANDED FOR CORRECTION OF SENTENCE.

THOMPSON, PLEUS and ORFINGER, JJ., concur.

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PER CURIAM.

D.M., a juvenile, appeals a juvenile disposition order in circuit court case no. 02-420, which involved a first degree misdemeanor. In the disposition order, for this misdemeanor offense and various unrelated felony offenses, the court committed D.M. “to the Department of Juvenile Justice for placement in [a] High Risk (Level 8) program for an indeterminate period, but no longer than the maximum sentence allowable by law ... or [his] 21st birthday, whichever occurs first....” D.M. contends, and the State concedes, that his misdemeanor sentence must be limited to the maximum term that could be imposed on an adult for the same offense. I.B. v. State, 816 So.2d 280, 232 (Fla. 5th DCA 2002).

We affirm D.M.’s conviction, but, on remand, the circuit court shall clarify the commitment order in circuit court case no. 02-420 to make it clear that D.M.’s commitment is for a period of one year, but not to exceed his 19th birthday. D.M. need not be present for resentencing.

AFFIRMED AND REMANDED FOR CORRECTION OF SENTENCE.

THOMPSON, PLEUS and ORFINGER, JJ., concur.

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Bluebook (online)

854 So. 2d 831, 2003 Fla. App. LEXIS 14066, 2003 WL 22148901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dm-v-state-fladistctapp-2003.

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