MS v. State, 675 So. 2d 215 (Fla. 4th DCA 1996). · Go Syfert
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MS v. State, 675 So. 2d 215 (Fla. 4th DCA 1996). Cases Citing This Book View Copy Cite
33 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: A.S.B. v. State (fladistctapp, 2011-03-25)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) A.S.B. v. State (2×)
Fla. Dist. Ct. App. · 2011 · confidence medium
See J.E.R., 56 So.3d at 822 n. 1; R.P. v. State, 695 So.2d 490, 490 (Fla. 4th DCA 1997); M.S. v. State, 675 So.2d 215, 216 (Fla. 4th DCA 1996).
discussed Cited as authority (rule) A.M. v. State
Fla. Dist. Ct. App. · 2000 · confidence medium
The state concedes, and we agree, that: (1) it was error for the court to pronounce a general sentence in all three of appellant’s cases, see D.A.D. v. State, 697 So.2d 234 (Fla. 5th DCA 1997) (a single order of disposition may not be used where multiple convictions constitute the basis for an adjudication of delinquency); (2) it was error for the court not to orally pronounce all of the terms of appellant’s sentence, see T.A.R. v. State, 640 So.2d 222 (Fla. 5th DCA 1994); and (3) it was error for the court not to impose an exact term of commitment, see M.S. v. State, 675 So.2d 215 n. 1 (F…
cited Cited "see" JB v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See M.S. v. State, 675 So.2d 215, 216 (Fla. 4th DCA 1996).
cited Cited "see" J.B. v. State
Fla. Dist. Ct. App. · 2002 · signal: see · confidence high
See M.S. v. State, 675 So.2d 215, 216 (Fla. 4th DCA 1996).
cited Cited "see" S.B. v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See M.S. v. State, 675 So.2d 215, 216 (Fla. 4th DCA 1996).
discussed Cited "see" R.P. v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See M.S. v. State, 675 So.2d 215 (Fla. 4th DCA 1996) (order committing juvenile to a level 8 program for “an indeterminate period of time, not longer than: a) nineteenth birthday; b) the maximum sentence allowable by law ...” should have specified a commitment for one year, the maximum sentence for simple battery, so his sentence would not be construed as running until his nineteenth birthday); A.S. v. State, 677 So.2d 1002 (Fla. 4th DCA 1996) (recognizing that a correction was needed in a disposition order that was ambiguous regarding the maximum allowable sentence for misdemeanor battery…
discussed Cited "see" RP v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See M.S. v. State, 675 So.2d 215 (Fla. 4th DCA 1996) (order committing juvenile to a level 8 program for "an indeterminate period of time, not longer than: a) nineteenth birthday; b) the maximum sentence allowable by law ..." should have specified a commitment for one year, the maximum sentence for simple battery, so his sentence would not be construed as running until his nineteenth birthday); A.S. v. State, 677 So.2d 1002 (Fla. 4th DCA 1996) (recognizing that a correction was needed in a disposition order that was ambiguous regarding the maximum allowable sentence for misdemeanor battery, an…
M.S., a child, Appellant,
v.
STATE of Florida, Appellee.
95-2888.
District Court of Appeal of Florida, Fourth District.
Jun 5, 1996.
675 So. 2d 215
Per Curiam.
Published

[*216] Richard L. Jorandby, Public Defender and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant, who was fifteen at the time of these events, pled no contest to simple battery and was committed to a level 8 program for "an indeterminate period of time, not longer than: a) nineteenth birthday; b) the maximum sentence allowable by law...." The order should have specified a commitment for one year[1], the maximum allowable sentence for this misdemeanor, because otherwise his sentence could be construed as running until his nineteenth birthday. We disagree with his additional argument that the court did not state reasons for the commitment to level 8 instead of the recommended level 6. Section 39.052(3)(e)3, Florida Statutes (1993) requires that the court "state for the record" the reasons, and that was met in this case by the court's statements which were transcribed.

Affirmed in part and reversed in part.

STONE, KLEIN and PARIENTE, JJ., concur.

1 Sentencing appellant to the "maximum sentence allowable by law" is, in our opinion, not recommended, because it requires additional research to determine when appellant's sentence has been completed.