N.J.M. v. State
This text of 32 So. 3d 731 (N.J.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.
Opinion
N.J.M. was adjudicated guilty of three counts of sexual battery on a child under twelve years of age by a person under eighteen years of age. He was not committed to a residential program but was, instead, placed on probation until his nineteenth birthday. Over objection, the trial court designated N.J.M. as a “serious or habitual juvenile offender” (SHO). On appeal, N.J.M. argues that section 985.47(1), Florida Statutes (2008), permits a SHO designation only when made in conjunction with a commitment to a residential facility. The State properly concedes error.
(1) CRITERIA — A ‘serious or habitual juvenile offender,’ for purposes of commitment to a residential facility and for purposes of records retention, means a child who has been found to have committed a delinquent act or a violation of law, in the case currently before the court, ...
§ 985.47(1), Fla. Stat. (2008) (emphasis added).
On remand, the trial court is directed to strike the SHO designation.
REVERSED and REMANDED.
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Cite This Page — Counsel Stack
32 So. 3d 731, 2010 Fla. App. LEXIS 5047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/njm-v-state-fladistctapp-2010.