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549 So. 2d 742

Docket No. 89-00111.

RH v. State

R.H., a Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 27, 1989.

District Court of Appeal of Florida · decided 1989-09-27

Cited by 7 later decisions — most recently January 1997

7 state decisions

Key passage — most relied on by later courts

“39.054(4). Any commitment of a delinquent child to the department shall be for an indeterminate period of time, but the time shall not exceed the maximum term of imprisonment which an adult may serve for the same offense... . Notwithstanding the provisions of s. 743.07 and this subsection, and except as provided in s. 39.058 [serious or habitual juvenile offender], no child shall be held under a commitment from a court pursuant to this section after becoming 19 years of age. 39.054(1)(a)2... . Community control programs for children shall be supervised by the department... . When supervision or a program of community service is ordered by the court, the duration of such supervision or program ... shall not exceed the term for which sentence could be imposed if the child were committed for the offense. 39.054(1)(a)5. Notwithstanding the provisions of s. 743.07 and subsection (4), and except as provided in s. 39.058, the term of any order placing a child in a community control program shall be until his nineteenth birthday unless he is sooner released by the court... . [emphasis added]”

quoted by 2 later decisions, including E.J. v. State, 595 So. 2d 282 - EJ v. State

Relies on CP v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-09-27

View the full empirical analysis of this case →

¶1*743 James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Krauss, Asst. Atty. Gen., Tampa, for appellee.

¶3ALTENBERND, Judge.

¶4The appellant was adjudicated by the trial court to have committed a delinquent act, obstructing an officer without violence. We affirm that adjudication. In the order of adjudication, however, the appellant was placed on community control for an indeterminate time period. While a child may be committed to HRS for an indeterminate period of community control, the indeterminate period must not exceed the maximum term of imprisonment which the child could receive if he or she were an adult. § 39.11(4), Fla. Stat. (1987); C.P. v. State,543 So.2d 867 (Fla. 2d DCA 1989). Since the maximum term of imprisonment for obstructing an officer without violence, as a first-degree misdemeanor, is one year, on remand the order must be modified to limit the period of community control to a period not exceeding one year. §§ 843.02, 775.082(4)(a), Fla. Stat. (1987).

¶5Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.

¶6RYDER, A.C.J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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