82 So. 3d 1134
Fla. Dist. Ct. App.2012Background
- J.D.M., a juvenile, was adjudicated delinquent for burglary of a dwelling (second-degree felony) with a disposition of probation not to exceed his 19th birthday.
- He violated probation twice by committing a third-degree felony possession of marijuana and a misdemeanor possession of marijuana; probation was continued on each occasion.
- In September 2010, probation filed an affidavit alleging two probation violations: new law violation (marijuana possession) and absconding from supervision.
- A revocation hearing found the State proved the violations; J.D.M. was adjudicated delinquent, probation revoked, committed to the DJJ for a term not to exceed his 19th birthday, and placed in a moderate risk program.
- On appeal, J.D.M. challenged the sufficiency of evidence for revocation and raised errors in dispositional orders; the court affirmed some rulings and remanded others.
- The court reversed the misdemeanor disposition as improper and remanded for correction nunc pro tunc and for a written order of probation revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to revoke probation | J.D.M. argues insufficient evidence | State argues evidence supported revocation | Affirmed (sufficiency supported) |
| Error in misdemeanor disposition duration; need for written revocation order | J.D.M. preserved error; length exceeds adult maximum | State contends harmless or proper | Reversed and remanded for corrected disposition duration and written revocation order |
Key Cases Cited
- L.D.K. v. State, 32 So. 3d 64 (Fla. 2d DCA 2009) (juvenile disposition cannot exceed the maximum adult term for the offense)
- A.M. ex rel. D.M. v. State, 790 So. 2d 1233 (Fla. 5th DCA 2001) (concurrent sentences do not justify illegal sentence in another case)
- Greene v. State, 919 So. 2d 684 (Fla. 2d DCA 2006) (requires correction when a written order of revocation is missing)