F.N.S. v. State

District Court of Appeal of Florida

F.N.S. v. State

807 So. 2d 758, 2002 WL 220580

CourtDistrict Court of Appeal of Florida

DecidedFebruary 14, 2002

DocketNo. 1D01-2254

StatusPublished

Cited by2 cases

This text of 807 So. 2d 758 (F.N.S. 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

F.N.S. v. State, 807 So. 2d 758, 2002 WL 220580 (Fla. Ct. App. 2002).

Pincite

Opinion

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.

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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.

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Bluebook (online)

807 So. 2d 758, 2002 WL 220580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fns-v-state-fladistctapp-2002.

Opinion

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