State v. Menuto

912 So. 2d 603, 2005 WL 1026014
CourtDistrict Court of Appeal of Florida
DecidedMay 4, 2005
Docket2D03-4838
StatusPublished
Cited by19 cases

This text of 912 So. 2d 603 (State v. Menuto) 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
State v. Menuto, 912 So. 2d 603, 2005 WL 1026014 (Fla. Ct. App. 2005).

Opinion

912 So.2d 603 (2005)

STATE of Florida, Appellant,
v.
Mathew Sabastian MENUTO, Appellee.

No. 2D03-4838.

District Court of Appeal of Florida, Second District.

May 4, 2005.

*605 Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellant.

Jawdet I. Rubaii and Jack F. White, III, of Jawdet I. Rubaii, P.A., Clearwater, for Appellee.

WALLACE, Judge.

When the trial court dismissed the information against Mathew Sabastian Menuto, it held that section 790.23(1)(b), Florida Statutes (2002), was unconstitutional. We agree with the State that the statute withstands Menuto's constitutional challenges, and we reverse.

The information alleged that in December 2002, Menuto was under twenty-four years of age when he had in his care, custody, possession, or control a firearm. The information further alleged that six years earlier, Menuto, as a juvenile, had been found to have committed burglary of a dwelling, which was a delinquent act that would have been a felony if committed by an adult. The information alleged that these facts constituted a violation of section 790.23, which provides, in pertinent part:

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm. . . if that person has been:
(a) Convicted of a felony in the courts of this state;
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age.

For the purpose of section 790.23(1)(a), "conviction" means "adjudication of *606 guilt"—a mere withhold of adjudication of guilt of the prior offense will not suffice. See Malcolm v. State, 605 So.2d 945, 948 (Fla. 3d DCA 1992) ("[T]he defendant pled guilty to the charge and the trial court withheld adjudication of guilt; this means that the defendant was never convicted of this felony, and that, accordingly, he could not, as we have squarely held, be convicted of unlawful possession of a firearm by a convicted felon based on such a withhold of adjudication."); accord Castillo v. State, 590 So.2d 458 (Fla. 3d DCA 1991); Burkett v. State, 518 So.2d 1363 (Fla. 1st DCA 1988).

By contrast, a violation of section 790.23(1)(b) requires that the person has been "found" to have committed the prior offense. In a juvenile proceeding, a finding that the child has committed a delinquent act or violation of law occurs when the court withholds adjudication of delinquency and when the court adjudicates the child delinquent. § 985.228(4), Fla. Stat. (2002).[1]

Moving to dismiss the information, Menuto alleged that in the prior juvenile proceeding, he had not been adjudicated delinquent; rather, adjudication of delinquency had been withheld. Menuto argued that the statute was incongruous, requiring an adjudication of guilt to prove a violation of section 790.23(1)(a) but permitting a violation of section 790.23(1)(b) to be proved without an adjudication of delinquency. In his motion, he characterized his constitutional challenges as follows: "[T]he statute is vague, both facially and as applied to [Menuto], and further that the statute violates equal protection and is arbitrary and capricious, both facially and as applied.. . ." In the alternative, Menuto requested the court to construe the phrase "[f]ound . . . to have committed a delinquent act" in section 790.23(1)(b) to require an adjudication of delinquency.

Procedural Due Process

In substance, Menuto's equal protection argument implicated due process more than equal protection. "It is the Due Process Clause that protects the individual against the arbitrary and unreasonable exercise of governmental power." State v. Robinson, 873 So.2d 1205, 1209 (Fla.2004). "[T]he equal protection clause is only concerned with whether the classification pursuant to a particular legislative enactment is properly drawn. Procedural due process is the constitutional guarantee involved with a determination of whether a specific individual is placed within a classification." Id. (quoting Westerheide v. State, 831 So.2d 93, 110-11 (Fla.2002)). Menuto does not question the legislature's wisdom in creating the classifications represented by subsections (1)(a) and (1)(b) because he admits that those juveniles adjudicated delinquent are properly included in subsection (1)(b). Rather, he questions his placement within subsection (1)(b) because his adjudication of delinquency was withheld. Accordingly, we first consider Menuto's constitutional challenge as a matter of procedural due process.

Section 790.23 does not infringe upon a fundamental right. Therefore, under the constitutions of the United States and Florida, to "comply with the constitutional guarantee of due process, a state statute must bear a reasonable relationship to a permissible legislative objective." Lite v. State, 617 So.2d 1058, 1059 (Fla. 1993). "Further, the statute must not be discriminatory, arbitrary, or oppressive." Id. at 1059-60.

*607 As an element of the offense prohibited by section 790.23(1), subsection (1)(a) requires that the person has been "[c]onvicted of a felony." Subsection (1)(b) requires that the person has been "[f]ound . . . to have committed a delinquent act that would be a felony if committed by an adult." The difference between subsections (1)(a) and (1)(b) is not arbitrary; rather, it recognizes the fundamental difference between criminal proceedings and juvenile proceedings.

The primary purpose of criminal sentencing is to punish. § 921.002(1)(b), Fla. Stat. (2002). In sharp contrast, the ultimate aim of juvenile proceedings is to rehabilitate. P.W.G. v. State, 702 So.2d 488, 491 (Fla.1997) (adopting the district court's reasoning); see also § 985.02 (emphasizing rehabilitative and preventative goals, as well as protection of the public, as the primary aims of the juvenile justice system).

A juvenile proceeding begins when the Department of Juvenile Justice files a petition alleging that a child has committed a delinquent act. If, after an evidentiary hearing, the trial court finds that the child has not committed a delinquent act, the petition must be dismissed. § 985.228(3). If the trial court finds that the child has committed a delinquent act, a myriad of options are available to the trial court. By withholding adjudication, the court may place the child in community-based rehabilitative programs as a condition of juvenile probation. Then, "[i]f the court later finds that the child has not complied with the rules, restrictions, or conditions of the community-based program, the court may . . . enter an adjudication of delinquency and shall thereafter have full authority under this chapter to deal with the child as adjudicated." § 985.228(4). Thus the adjudication of delinquency is not related to the finding that the child committed the delinquent act. Rather, the adjudication of delinquency is a device by which the court empowers itself to impose a more restrictive disposition upon the child (such as ordering him to secure detention) in order to effectuate the child's rehabilitation or to protect the public.

Menuto assumes that a "conviction" is equivalent to an "adjudication of delinquency." It is not. See

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Cite This Page — Counsel Stack

Bluebook (online)
912 So. 2d 603, 2005 WL 1026014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-menuto-fladistctapp-2005.