ER v. State, 584 So. 2d 158 (Fla. 2d DCA 1991). · Go Syfert
Search
ER v. State, 584 So. 2d 158 (Fla. 2d DCA 1991). Cases Citing This Book View Copy Cite
30 citation events (23 in the last 25 years) across 2 distinct courts.
Strongest positive: JIS v. State (fla, 2006-05-11)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 7 distinct citers.
cited Cited "see" JIS v. State
Fla. · 2006 · signal: see · confidence high
See E.R., 584 So.2d at 158 .
cited Cited "see" J.I.S. v. State
Fla. · 2006 · signal: see · confidence high
See E.R., 584 So.2d at 158 .
cited Cited "see" JB v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Smith v. State, 664 So.2d 1076, 1076 (Fla. 2d DCA 1995) ("Time spent in juvenile detention is credited like time spent in county jail.") (citing E.R. v. State, 584 So.2d 158 (Fla. 2d DCA 1991)).
cited Cited "see" J.B. v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See Smith v. State, 664 So.2d 1076, 1076 (Fla. 2d DCA 1995) (“Time spent in juvenile detention is credited like time spent in county jail. ) (citing E.R. v. State, 584 So.2d 158 (Fla. 2d DCA 1991)).
cited Cited "see" C.B. v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See E.R. v. State, 584 So.2d 158 (Fla. 2d DCA 1991).
discussed Cited "see" LK v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See E.R. v. State, 584 So.2d 158 (Fla. 2d DCA 1991); Gainer v. State, 693 So.2d 719 (Fla. 3d DCA 1997); In Interest of B.A., 546 So.2d 125 (Fla. 1st DCA 1989). *1012 Accordingly, we reverse and remand for correction of the disposition order to limit the commitment term to one year with credit for time served in secure detention against the period of commitment.
cited Cited "see" L.K. v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See E.R. v. State, 584 So.2d 158 (Fla. 2d DCA 1991); Gainer v. State, 693 So.2d 719 (Fla. 3d DCA 1997); In Interest of B.A., 546 So.2d 125 (Fla. 1st DCA 1989).
E.R., a Child, Appellant,
v.
STATE of Florida, Appellee.
89-02851.
District Court of Appeal of Florida, Second District.
Aug 9, 1991.
584 So. 2d 158
Ryder.
Published

Thomas A. McDonald of McDonald & Shearer, Lakeland, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Davis G. Anderson, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Appellant was adjudicated delinquent and found guilty of battery upon school board employee, resisting arrest without violence, burglary of a dwelling and aggravated battery, and committed to the Department of Health and Rehabilitative Services without being given credit for time served in secure detention pending adjudication. Before us, he argues that failure to give credit for this period constitutes an illegal sentence. A detainee must be granted credit for time served prior to conviction in any institution serving as the functional equivalent of a county jail. Tal-Mason v. State, 515 So.2d 738 (Fla. 1987). Although rehabilitation may outweigh retributive punishment as a purpose of the Florida Juvenile Justice Act, secure detention closely resembles county jail in that appellant is deprived of his liberty, and is in the total custody and control of the state at all times. We agree.

We affirm the adjudication and commitment but remand to the trial court for entry of an order granting appellant a credit of eighty-eight days for time served in secure detention against the period of commitment which shall terminate at his nineteenth birthday, or as otherwise provided by law.

SCHOONOVER, C.J., and PATTERSON, J., concur.