M.B. v. State

District Court of Appeal of Florida

M.B. v. State

706 So. 2d 942, 1998 Fla. App. LEXIS 2012, 1998 WL 88187

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 1998

DocketNo. 96-02440

StatusPublished

Cited by2 cases

This text of 706 So. 2d 942 (M.B. 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.

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M.B. v. State, 706 So. 2d 942, 1998 Fla. App. LEXIS 2012, 1998 WL 88187 (Fla. Ct. App. 1998).

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Opinion

FRANK, Judge.

M.B. contends in this Anders¹ appeal that the trial court erred in finding the evidence sufficient to adjudicate him guilty of battery. We reject that contention and affirm the adjudication. We note, however, that the community control aspect of the order reflects that adjudication was withheld and places M.B. under supervision for an indeterminate length of time. The scrivener’s error should be corrected on remand. Furthermore, the duration of community control can be no greater than the available term of imprisonment for the statutory maximum. In this case, because the offense is a first degree misdemeanor, the term of community control must not exceed one year. See M.G. v. State, 696 So.2d 1340 (Fla. 2d DCA 1997); M.S. v. State, 695 So.2d 891 (Fla. 2d DCA 1997).

Order imposing community control reversed; remanded for proceedings consistent with this opinion.

PARKER, C.J., and THREADGILL, J., concur.

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FRANK, Judge.

M.B. contends in this Anders¹ appeal that the trial court erred in finding the evidence sufficient to adjudicate him guilty of battery. We reject that contention and affirm the adjudication. We note, however, that the community control aspect of the order reflects that adjudication was withheld and places M.B. under supervision for an indeterminate length of time. The scrivener’s error should be corrected on remand. Furthermore, the duration of community control can be no greater than the available term of imprisonment for the statutory maximum. In this case, because the offense is a first degree misdemeanor, the term of community control must not exceed one year. See M.G. v. State, 696 So.2d 1340 (Fla. 2d DCA 1997); M.S. v. State, 695 So.2d 891 (Fla. 2d DCA 1997).

Order imposing community control reversed; remanded for proceedings consistent with this opinion.

PARKER, C.J., and THREADGILL, J., concur.

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706 So. 2d 942, 1998 Fla. App. LEXIS 2012, 1998 WL 88187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mb-v-state-fladistctapp-1998.

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