M.J.C. v. State

Full title: M.J.C., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 14, 1997

701 So. 2d 128 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-1040.

Opinion filed November 14, 1997.

Appeal from the Circuit Court for Orange County, Robert Wattles, Judge.

James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Appellant, a juvenile, after adjudication was withheld, was sentenced to three years community control for the acts of throwing a deadly missile at a vehicle and criminal mischief. The State concedes that this sentence is contrary to our decision in G.R.A. v. State, 688 So.2d 1027 (Fla. 5th DCA 1997). We therefore reverse and remand for resentencing.

REVERSED and REMANDED.

COBB and SHARP, W., JJ., concur.