A.J.H. v. State, 94-3459
| Decision Date | 13 April 1995 |
| Docket Number | No. 94-3459,94-3459 |
| Citation | 652 So.2d 1279 |
| Parties | 20 Fla. L. Weekly D937 In the Interest of A.J.H., a child, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant seeks review of an order adjudicating him a delinquent child based upon findings that he had violated section 790.22(3), Florida Statutes (Supp.1994) (); section 790.01(2), Florida Statutes (1993) (); and section 790.23(1)(a), Florida Statutes (Supp.1994) (). He argues that, because all of the violations of law arose out of a single episode, an adjudication of delinquency based upon all three cannot stand. According to appellant, two of the three violations must be deleted. We agree. See State v. Stearns, 645 So.2d 417, 418 (Fla.1994) (). Accordingly, while we affirm the order of adjudication and disposition based upon the finding that appellant violated section 790.23(1)(a) (), we remand with directions that the trial court enter an amended order of adjudication and disposition that makes no reference to a violation of either section 790.22(3) () or section 790.01(2) ().
AFFIRMED and REMANDED, with directions.
To continue reading
Request your trial
-
M.P. v. State
...Court of Appeal certified conflict with the opinions in M.P.C. v. State, 659 So.2d 1293 (Fla. 5th DCA 1995), and A.J.H. v. State, 652 So.2d 1279 (Fla. 1st DCA 1995). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida M.P. was adjudicated delinquent for carrying a con......
-
K.W. v. State
...Court of Appeal certified conflict with the opinions in M.P.C. v. State, 659 So.2d 1293 (Fla. 5th DCA 1995), and A.J.H. v. State, 652 So.2d 1279 (Fla. 1st DCA 1995). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida K.W. was found to have committed the offenses of c......