From Casetext: Smarter Legal Research

J.B.M. v. State

District Court of Appeal of Florida, Fifth District
Apr 26, 1990
560 So. 2d 347 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-985.

April 26, 1990.

Appeal from the Circuit Court, Marion County, John E. Futch, Acting J.

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.


A child who has been found to have committed a delinquent act (§ 39.10(3), Fla. Stat.) has not been convicted of a felony as defined in Article X, section 10, Florida Constitution, and section 775.08(1), Florida Statutes, although under section 39.10(4), Florida Statutes (1987), for use in subsequent juvenile proceedings, an adjudication of a prior delinquent act is deemed a "conviction." Therefore, based on a prior delinquency adjudication, a child cannot be found to be a felon and to have violated section 790.23, Florida Statutes, which prohibits possession of a firearm by any person who has been "convicted of a felony." Accordingly, the adjudication of delinquency below, based on the child's violation of section 790.23, Florida Statutes, is

REVERSED.

DANIEL, C.J., W. SHARP, and COWART, JJ., concur.


Summaries of

J.B.M. v. State

District Court of Appeal of Florida, Fifth District
Apr 26, 1990
560 So. 2d 347 (Fla. Dist. Ct. App. 1990)
Case details for

J.B.M. v. State

Case Details

Full title:J.B.M., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 26, 1990

Citations

560 So. 2d 347 (Fla. Dist. Ct. App. 1990)

Citing Cases

Snyder v. State

This is noteworthy because an adjudication in a juvenile delinquency proceeding cannot be used to support a…