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777 So. 2d 1033

T.W.B. v. State

District Court of Appeal of Florida

Decided December 29, 2000

District Court of Appeal of Florida · decided 2000-12-29

Relies on TJ v. State · AC v. State · Donaldson v. State

Decided 2000-12-29

GREEN, Judge.

¶1T.W.B., a juvenile, appeals his adjudication of delinquency and level eight commitment to the Department of Juvenile Justice. T.W.B. was committed to community control for an indeterminate period of time, after being found guilty of two counts of resisting an officer without violence, first-degree misdemeanors, which carry a maximum sentence of one year each. See § 775.082(4)(a), Fla. Stat. (1999).

¶2We affirm T.W.B.’s delinquency adjudication. However, the commitment order must be vacated because the maximum concurrent one-year sanction will expire prior to T.W.B.’s nineteenth birthday. See R.P. v. State, 760 So.2d 979 (Fla. 2d DCA 2000); T.J. v. State, 743 So.2d 1158 (Fla. 2d DCA 1999); A.C. v. State, 688 So.2d 1004 (Fla. 2d DCA 1997).

¶3We reverse the disposition order and remand with directions for the trial court to enter an order that places T.W.B. on *1034community control for a period of no more than one year.

¶4Affirmed in part; remanded in part.

PATTERSON, C.J., and DAVIS, J., concur.
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