J.M.H. v. State
J.M.H. v. State
Opinion of the Court
J.M.H. was adjudicated delinquent and placed on probation for battery. After violating her probation on numerous occasions, she was committed to the Department of Juvenile Justice for a period not to exceed 365 days — the same period of time as the maximum sentence had the offense been committed by an adult. See
The trial court did not err in denying J.M.H. credit for time served in secure detention for J.M.H.’s contempt charges. This case is similar to J.M. v. Gargett in which the trial court sentenced a minor to consecutive sentences for successive acts of indirect contempt following the violation of a single order of probation. 53 So.3d 1245 (Fla. 2d DCA 2011), approved) 101 So.3d 352 (Fla. 2012). Upon review of this court’s decision, the supreme court noted that “each violation of the probation order constitutes a separate and distinct act of contempt.” J.M., 101 So.3d at 356. The statutory scheme itself contemplates this exact situation and calls for trial courts to limit contempt sentences to five days for the first instance and fifteen days for each successive instance. See id. (discussing section 985.037, Florida Statutes (2010)).
However, because the order on the motion to correct sentence fails to specify the specific number of days to be credited in accordance with Florida Rule of Juvenile Procedure 8.115(d), we remand for entry of the specific number of days only.
Affirmed and remanded with directions.
. The statute has not been amended since.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.