S.W. v. State

District Court of Appeal of Florida

S.W. v. State

915 So. 2d 273, 2005 Fla. App. LEXIS 19609, 2005 WL 3299451

District Court of Appeal of Florida·Decided December 7, 2005·No. No. 4D04-3551·Published

Opinion

PER CURIAM.

As the state concedes, the trial court erred by failing to limit appellant’s time in the level 6 program to the statutory maximum of 364 days for the first degree misdemeanor, and by failing to grant appellant credit for time served in secure [274]*274detention before the disposition and pending placement with the Department of Juvenile Justice after disposition.

Accordingly, we reverse the sentence below and remand for the trial court to correct the disposition consistent with this opinion.

Reversed and Remanded.

POLEN, FARMER and TAYLOR, JJ., concur.

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PER CURIAM.

As the state concedes, the trial court erred by failing to limit appellant’s time in the level 6 program to the statutory maximum of 364 days for the first degree misdemeanor, and by failing to grant appellant credit for time served in secure [274]*274detention before the disposition and pending placement with the Department of Juvenile Justice after disposition.

Accordingly, we reverse the sentence below and remand for the trial court to correct the disposition consistent with this opinion.

Reversed and Remanded.

POLEN, FARMER and TAYLOR, JJ., concur.

S.W. v. State, 915 So. 2d 273, 2005 Fla. App. LEXIS 19609, 2005 WL 3299451 (Fla. Ct. App. 2005).

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