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712 So. 2d 1220

State v. R.L.S.

District Court of Appeal of Florida · decided 1998-06-26

Cited by 1 later decisions — most recently June 2007

1 state decisions

Key passage — most relied on by later courts

“(9) Notwithstanding s. 985.214, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall order: (a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility.”

quoted by 1 later decision, including State v. C.R.

Relies on 689 So. 2d 443 - TM v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-06-26

View the full empirical analysis of this case →

CASANUEVA, Judge.

¶1After R.L.S. was found guilty of improper exhibition of a firearm, the trial court sentenced him to, among other things, a suspended five day term in a juvenile detention center. The State appeals the suspension of the five day detention period, contending that section 790.22(9)(a), Florida Statutes (1997) mandates the detention period. We agree with the State’s assertion and hold that the trial court had no authority to suspend this period of detention.

¶2Section 790.22(9)(a) provides that when a minor commits a firearms possession offense but is not committed to a residential commitment program of the Department of Health and Rehabilitative Services, “the court shall order ... that the minor serve a mandatory period of detention of five days in a secure detention facility” for a first offense. The use of the word “shall” indicates that service of the five day detention is mandatory. The legislature clearly intended that the courts deal severely with those juveniles who illegally use firearms. For first offenders, the legislature sought to focus their attention on the seriousness of their actions by depriving them of their liberty. The five day detention period is mandatory and not subject to a trial judge’s discretion to suspend its imposition. See T.M. v. State, 689 So.2d 443 (Fla. 3d DCA 1997).

¶3We reverse the suspension of the five day detention period and remand.

ALTENBERND, A.C.J., and FULMER, J., concur.
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