C.P. v. State, 95-0927
| Decision Date | 20 March 1996 |
| Docket Number | No. 95-0927,95-0927 |
| Citation | 669 So.2d 1147 |
| Court | Florida District Court of Appeals |
| Parties | 21 Fla. L. Weekly D726 C.P., a child, Appellant, v. STATE of Florida, Appellee. |
Appeal from the Circuit Court of the Nineteenth Judicial Circuit, Indian River County; L.B. Vocelle, Judge.
Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
ON MOTION FOR REHEARING
We grant Appellant's motion for rehearing, withdraw our opinion of November 29, 1995, and substitute the following opinion:
We affirm the trial court's order adjudicating Appellant guilty of resisting arrest without violence and committing him to the custody of the Department of Health and Rehabilitative Services. However, we remand to the trial court for correction of the order of disposition which failed to include the maximum term of commitment Appellant was subject to under section 775.082, Florida Statutes (1993), as required by section 39.054(4), Florida Statutes (Supp.1994). R.B. v. State, 633 So.2d 542 (Fla. 5th DCA 1994); E.J. v. State, 595 So.2d 282 (Fla. 1st DCA 1992). We note that Appellant also requests this court to order correction of the order of disposition to reflect a maximum commitment of 60 days for the offense of criminal mischief under which Appellant was charged in case number 94-880. On remand, in agreement with D.D.M. v. State, 662 So.2d 384 (Fla. 5th DCA 1995), S.P. v. State, 664 So.2d 1064 (Fla. 2d DCA 1995), and T.A.R. v. State, 640 So.2d 222 (Fla. 5th DCA 1994), a separate order of disposition should be entered to reflect the above stated maximum term of commitment.
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BH v. State, 97-3944.
...but reverse the commitment order for correction due to the failure to provide a maximum term of commitment. See C.P. v. State, 669 So.2d 1147, 1148 (Fla. 4th DCA 1996). In addition, the trial court entered only one disposition order for both charges which appellant was found to have committ......