T.M. v. State
T.M. v. State
Opinion of the Court
Appellant contends the trial court erred in ordering him to spend five days in detention and perform 100 hours of community service in accordance with section 790.22(9)(a), Florida Statutes.
Our conclusion is further supported by the reasoning set forth in T.M. v. State, 689 So.2d 443 (Fla. 3d DCA 1997), in which the court noted that due to the remedial nature of this statute, it should be “accorded a liberal interpretation so as to carry out the intent of the legislature.” See id. at 445. That court also noted that “[t]he statute is obviously designed to get the immediate attention of all juveniles and to issue a ‘wake-up call’ that the state deems' their firearm offenses to be serious enough to warrant the automatic deprivation of their liberty for a period of time, even on a first offense.” See id. at 446.
AFFIRMED.
. 790.22(9): Notwithstanding s. 39.043, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment program of the Department of Health and Rehabilitative Services, in addition to any other punishment provided by law, the court shall order:
(a) For a first offense, that the minor serve a mandatory period of detention of 5 days in a secure detention facility and perform 100 hours of community service.
Reference
- Full Case Name
- T.M., a child v. STATE of Florida
- Cited By
- 5 cases
- Status
- Published