E.J.R. v. State

Full title: E.J.R., a child, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 6, 1999

722 So. 2d 970 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1103.

January 6, 1999.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert O. Collins, Judge; L.T. Case No. 97-011692DL.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

E.J.R., who was placed on community control, argues that his disposition order should be corrected to reflect that the maximum term of community control that can be imposed on him is one year, which is the maximum term an adult could serve for the same offense, or the date of his nineteenth birthday, whichever occurs first. The only argument raised by the state is that the issue is not preserved, but we concluded in T.G. v. State, 717 So.2d 128 (Fla. 4th DCA 1998) that in juvenile cases, the failure to preserve does not bar appellate review. We therefore remand for amendment of the disposition order.

KLEIN, SHAHOOD and GROSS, JJ., concur.