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Florida District Courts of Appeal, 1997

A.J.Y. v. State

A.J.Y. v. State
Florida District Courts of Appeal · Decided January 31, 1997 · Altenbernd, Frank, Hall, Vincent
687 So. 2d 921; 1997 Fla. App. LEXIS 349; 1997 WL 35193 (Southern Reporter, Second Series)

A.J.Y. v. State

Opinion of the Court

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 AJ.Y.’s commitment to reflect the five-year limit appropriate to a third degree felony. § 775.082(3)(d), Fla. Stat. (1995); *922§ 784.021(2), Fla. Stat. (1995). We otherwise affirm the adjudication.

ALTENBERND, J., and HALL, VINCENT T., (Senior) J., concur.

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