Florida District Courts of Appeal, 1996

M.S. v. State

Florida District Courts of Appeal · Decided June 5, 1996 · No. 95-2888 · Klein, Pariente, Stone

675 So. 2d 215; 1996 Fla. App. LEXIS 5925 (Southern Reporter, Second Series)

Cases that cite this one

30 later published cases cite this decision. The 25 that cite it most often are listed here.

A.S.B. v. State (Fla. Dist. Ct. App. 2011)
M.J.P. v. State (Fla. Dist. Ct. App. 1997)
JB v. State (Fla. Dist. Ct. App. 2002)
IB v. State (Fla. Dist. Ct. App. 2002)
F.N.S. v. State (Fla. Dist. Ct. App. 2002)
I.B. v. State (Fla. Dist. Ct. App. 2002)
J.B. v. State (Fla. Dist. Ct. App. 2002)
LWG v. State (Fla. Dist. Ct. App. 2001)
L.W.G. v. State (Fla. Dist. Ct. App. 2001)
A.M. v. State (Fla. Dist. Ct. App. 2000)
TB v. State (Fla. Dist. Ct. App. 1999)
NB v. State (Fla. Dist. Ct. App. 1999)
T.B. v. State (Fla. Dist. Ct. App. 1999)
S.B. v. State (Fla. Dist. Ct. App. 1999)
N.B. v. State (Fla. Dist. Ct. App. 1999)
MCP v. State (Fla. Dist. Ct. App. 1998)
RLW v. State (Fla. Dist. Ct. App. 1998)
CDN v. State (Fla. Dist. Ct. App. 1998)
TC v. State (Fla. Dist. Ct. App. 1998)
R.L.W. v. State (Fla. Dist. Ct. App. 1998)
C.D.N. v. State (Fla. Dist. Ct. App. 1998)
J.D. v. State (Fla. Dist. Ct. App. 1998)
M.C.P. v. State (Fla. Dist. Ct. App. 1998)
T.C. v. State (Fla. Dist. Ct. App. 1998)
RP v. State (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 year1, 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.

. 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.