A.J.Y. v. State

Full title: A.J.Y., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jan 31, 1997

687 So. 2d 921 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 94-04361

Opinion filed January 31, 1997.

Appeal from the Circuit Court for Desoto County; Howard C. Holtzendorf, Acting Circuit Judge.

James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jon J. Johnson, Assistant Attorney General, Tampa, for Appellee.

FRANK, Acting Chief Judge.

A.J.Y. was committed to the Department of Juvenile Justice for an indeterminate period after having been found guilty of aggravated assault. A juvenile commitment, however, may not exceed the maximum statutory term of imprisonment applicable to adult sentencing for a given offense. R.H. v. State, 549 So.2d 742 (Fla. 2d DCA 1989). Thus we remand for the trial court to modify A.J.Y.'s commitment to reflect the five-year limit appropriate to a third degree felony. § 775.082(3)(d), Fla. Stat. (1995); § 784.021(2), Fla. Stat. (1995). We otherwise affirm the adjudication.

ALTENBERND, J., and HALL, Vincent T., (Senior) J., Concur.