In the Interest of K.M.P. v. State
In the Interest of K.M.P. v. State
Opinion of the Court
K.M.P. appeals from an order adjudicating him delinquent of offenses which, if he had been an adult, would have constituted two second degree felonies and two second degree misdemeanors. For all four offenses, a single order committed him “for an indeterminate period no longer than the maximum period allowed by law or the youth’s 19th birthday.” We reverse.
The state does not suggest that entry of the order under review was lawful, only that no error was preserved for appellate review as purportedly required by Florida Rule of Appellate Procedure 9.140(d), as made applicable by Florida Rule of Appellate Procedure 9.145(a). Having explicitly held in A.F. v. State, 718 So.2d 260, 263 (Fla. 1st DCA 1998), “that Rule 9.140(d) cannot be applied to limit juvenile appeals,” we reject the state’s argument. See State v. A.L.W., 717 So.2d 913, 913 (Fla. 1998); State v. T.M.B., 716 So.2d 269, 269 (Fla. 1998).
Reversed and Remanded.
Reference
- Full Case Name
- In the Interest of K.M.P., a child v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published