Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

B.S., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

We affirm the portion of the trial court's adjudication of delinquency that determined B.S. had violated section 828.12(2), Florida Statutes (1991), by torturing an animal with intent to inflict intense pain or death. We reverse the portion of the adjudication that committed B.S. to an indeterminate term of community control. Such term is impermissible because it will last beyond the five-year statutory maximum sentence for a violation of section 828.12(2), a third-degree felony. See §§ 39.054(2) and 775.082(3)(d), Fla. Stat. (1991); R.H. v. State, 549 So.2d 742 (Fla. 2d DCA 1989). On remand, the trial court shall modify the adjudication to limit the term of community control to five years.

Affirmed in part, reversed in part, and remanded with directions.

ALTENBERND, A.C.J., and BLUE and LAZZARA, JJ., concur.

Use AI to get other relevant cases.

Comments

B.S. v. STATE
(Oct 7, 1994)