J.H. v. State

District Court of Appeal of Florida

J.H. v. State

760 So. 2d 250, 2000 Fla. App. LEXIS 6536, 2000 WL 689595

District Court of Appeal of Florida·Decided May 31, 2000·No. No. 2D99-1580·Published·Cited by 1 cases

Opinion

WHATLEY, Judge.

In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. [251]*2511396, 18 L.Ed.2d 493 (1967), we have found no error affecting J.H.’s adjudication of delinquency; however, we reverse his sentence because he was improperly placed on community control for an indefinite period of time.

When a juvenile is sentenced to community control, such sentence may not last longer than the maximum term that an adult could serve for the same offense. See § 985.231(l)(d), Fla. Stat. (1997); T.J. v. State, 743 So.2d 1158, 1160 (Fla. 2d DCA 1999); A.C. v. State, 688 So.2d 1004 (Fla. 2d DCA 1997). J.H. was convicted of possession of marijuana, which is a first-degree misdemeanor. Therefore, his term of community control may not exceed one year.

Accordingly, we affirm J.H.’s adjudication of delinquency, reverse his sentence, and remand it with instructions that his term of community control not exceed one year.

THREADGILL, A.C.J., and DAVIS, J., Concur.

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WHATLEY, Judge.

In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. [251]*2511396, 18 L.Ed.2d 493 (1967), we have found no error affecting J.H.’s adjudication of delinquency; however, we reverse his sentence because he was improperly placed on community control for an indefinite period of time.

When a juvenile is sentenced to community control, such sentence may not last longer than the maximum term that an adult could serve for the same offense. See § 985.231(l)(d), Fla. Stat. (1997); T.J. v. State, 743 So.2d 1158, 1160 (Fla. 2d DCA 1999); A.C. v. State, 688 So.2d 1004 (Fla. 2d DCA 1997). J.H. was convicted of possession of marijuana, which is a first-degree misdemeanor. Therefore, his term of community control may not exceed one year.

Accordingly, we affirm J.H.’s adjudication of delinquency, reverse his sentence, and remand it with instructions that his term of community control not exceed one year.

THREADGILL, A.C.J., and DAVIS, J., Concur.

J.H. v. State, 760 So. 2d 250, 2000 Fla. App. LEXIS 6536, 2000 WL 689595 (Fla. Ct. App. 2000).

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Opinion

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