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J.H v. State

District Court of Appeal of Florida, Second District
May 31, 2000
760 So. 2d 250 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D99-1580.

May 31, 2000.

Appeal from the Circuit Court for Hillsborough County; Perry A. Little, Judge.

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow for Appellant.

No appearance for Appellee.


In this appeal brought pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), we have found no erroer affecting J.H.'s adjudication of delinquency; however, we reverse his sentence because he was improperly placed on community control for an indefinite period of time.

When a juvenile is sentenced to community control, such sentence may not last longer thatn the maximum term that an adult could serve for the same offense. See § 985.231(1)(d), Fla, Stat. (1997); T.J v. State, 743 So.2d 1158, 1160 (Fla. 2d DCA 1999); A.C. v. State, 688 So.2d 1004 (Fla. 2d DCA 1997). J.H. was convicted of possession of Marijuana, which is a first-degree misdemeanor. Therefore, his term of community control may not exceed one year.

Accordingly, we affirm J.H's adjudication of delinquency, reverse his sentence, and remand it with instructions that his term of community control not exceed on year.

THREADGILL, A.C.J., and DAVIS, J., Concur.


Summaries of

J.H v. State

District Court of Appeal of Florida, Second District
May 31, 2000
760 So. 2d 250 (Fla. Dist. Ct. App. 2000)
Case details for

J.H v. State

Case Details

Full title:J.H., Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 31, 2000

Citations

760 So. 2d 250 (Fla. Dist. Ct. App. 2000)

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