J.P. v. State
J.P. v. State
Opinion of the Court
J.P. appeals the trial court’s adjudication of delinquency, which stems from his violation of Tampa’s juvenile curfew ordinance. See Tampa, Fla., Code § 14-26(c) (1996). We hold that Tampa’s juvenile curfew ordinance is constitutional and affirm.
In December 1996, the State charged J.P. with violating the ordinance. J.P. pleaded not guilty and thereafter moved the trial court to declare the ordinance unconstitutional. The trial court denied the motion. J.P. subsequently changed his plea to no contest, and the trial court adjudicated J.P. delinquent.
On appeal, J.P. raises essentially the same arguments recently addressed by this court in State v. T.M., 761 So.2d 1140 (Fla. 2d DCA 2000). We believe juvenile curfew ordinances are subject to heightened scrutiny. See id. at 1145, 1146. Applying heightened scrutiny, we note that
We again certify the following questions of great public importance:
WHAT LEVEL OF SCRUTINY MUST A COURT APPLY WHEN REVIEWING THE CONSTITUTIONALITY OF A JUVENILE CURFEW ORDINANCE?
WHETHER THE TAMPA JUVENILE CURFEW ORDINANCE IS CONSTITUTIONAL?
Affirmed.
Dissenting Opinion
dissenting.
I respectfully dissent. See State v. T.M., 761 So.2d 1140 (Fla. 2d DCA 2000) (Northcutt, J., dissenting).
Reference
- Full Case Name
- J.P., A Child v. STATE of Florida
- Cited By
- 15 cases
- Status
- Published