Dependency Law Finder

1. Ritchie v. State 670 So. 2d 924 · SC85358 · Florida Supreme Court 1996

   This opinion cites § 39.022 22 times, the section generally

   · cited by 8 in all courts

   …no oral or written findings concerning the imposition of adult sanctions. On appeal, Ritchie and the State debated the proper interpretation of section 39.022(5)(c)3., Florida Statutes (1993), which provides as follows: *926 3. If the child is found to have committed the offense punishable by death or by life…

2. Ritchie v. State 651 So. 2d 167 · 1D94-1866 · 1st DCA 1995

   This opinion cites § 39.022 7 times, the section generally

   · cited by 4 in all courts

   …of a firearm, followed by ten years of probation. The court entered no oral findings or written order concerning the imposition of adult sanctions. Section 39.022(5)(c), Florida Statutes (1993), was in effect at the time of the offense in this case. That statute provides, in pertinent part, as follows: 3. If the child is…

3. Miller v. State 702 So. 2d 617 · DCA96-2873 · District Court of Appeal 1997

   This opinion cites § 39.022 4 times, the section generally

   · cited by 2 in all courts

   …to transfer jurisdiction to the juvenile division. Sadly, neither party at the trial or appellate level called to the attention of either court, section 39.022, Florida Statutes (1995), which provides: (2) During the prosecution of any violation of law against any person who has been presumed to be an adult, if it…

4. Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998

   This opinion cites § 39.022 3 times, the section generally

   · cited by 13 in all courts

   …circuit court has exclusive original jurisdiction of "proceedings in which a child is alleged to have committed a delinquent act or violation of law," see § 39.022(1), Fla. Stat. (1995), as well as "all proceedings under parts III, IV, V, and VI" of Chapter 39 pertaining to dependency, families and children in need of…

5. Thomas v. State 657 So. 2d 51 · 2D94-00439 · 2nd DCA 1995

   This opinion cites § 39.022 3 times, the section generally

   · cited by 1 in all courts

   …however, the trial court failed to comply with the requirements of section 39.059(7). The state argues sentencing as an adult was appropriate under section 39.022(5)(d), Florida *52 Statutes (1991) [1] because Thomas had been sentenced as an adult on some traffic offenses in October 1992. The offenses which are the subject…

6. Hangen v. State 651 So. 2d 706 · 5D94-2210 · 5th DCA 1995

   This opinion cites § 39.022 3 times, the section generally

   · cited by 4 in all courts

   …83 (Fla. 5th DCA 1990). Although that was the law in effect at the time, this line of case law still does not apply to Hangen's circumstances. Section 39.022(5)(d), Florida Statutes, states: Once a child has been transferred for criminal prosecution pursuant to a voluntary or an involuntary waiver hearing or…

7. Kazakoff v. State 642 So. 2d 596 · 2D93-02681 · 2nd DCA 1994

   This opinion cites § 39.022 3 times, the section generally

   · cited by 7 in all courts

   …that his prior treatment as an adult obviated the necessity of complying with section 39.059(7). This was an erroneous conclusion pursuant to section 39.022(5)(d), Florida Statutes (1991), which provides in pertinent part as follows: *598 Once a child has been transferred for criminal prosecution pursuant to a…

8. Washington v. State 642 So. 2d 61 · 3D94-5 · 3rd DCA 1994

   This opinion cites § 39.022 3 times, the section generally

   · cited by 5 in all courts

   …system as that term is employed in section 39.059(7). Thus the state argues the defendant is subject to the nondiscretionary sentencing procedures in section 39.022(5)(c), Florida Statutes (1991). Section 39.022(5)(c), Fla. Stat. (1991) in pertinent parts reads: [(c)(1)] A child of any age charged with a violation of Florida…

9. Washington v. State 642 So. 2d 61 · DCA94-5 · District Court of Appeal 1994

   This opinion cites § 39.022 3 times, the section generally

   · cited by 1 in all courts

   …system as that term is employed in section 39.059(7). Thus the state argues the defendant is subject to the nondiscretionary sentencing procedures in section 39.022(5)(c), Florida Statutes (1991). Section 39.022(5)(c), Fla.Stat. (1991) in pertinent parts reads: [ (c)(1) ] A child of any age charged with a violation of Florida…

10. State v. Miller 592 So. 2d 1200 · DCA91-3665 · District Court of Appeal 1992

    This opinion cites § 39.022 3 times, the section generally

    PER CURIAM. Dwayne Miller was charged with two counts of armed robbery with a firearm and an order of involuntary waiver was entered pursuant to sections 39.022(5)(a) and 39.052(2), Florida Statutes (Supp.1990). Under the terms of this order Miller’s case was transferred to the felony division of the circuit court where he…

11. Turner v. State 788 So. 2d 320 · 2D01-1618 · 2nd DCA 2001

    This opinion cites § 39.022 2 times, the section generally

    · cited by 1 in all courts

    …Stat. (1991). As a result, proceedings for this offense are not barred by any statute of limitations. See § 775.15(1), Fla. Stat. (1991). Second, section 39.022(5)(c)(l), Florida Statutes (1991), 2 provides: A child of any age charged with a violation of Florida law punishable by death or by life imprisonment is subject to…

12. M.H. v. State 698 So. 2d 395 · 4D96-2918 · 4th DCA 1997

    This opinion cites § 39.022 2 times, the section generally

    …as soon as legally permitted." The court reserved jurisdiction to enforce restitution beyond the defendant's nineteenth birthday, pursuant to subsection 39.022(4)(c), Florida Statutes (1995). The defendant argues that the imposition of restitution in this case contravened subsection 39.054(1)(a)1, which provides: When…

13. M.H. v. State 698 So. 2d 395 · DCA96-2918 · District Court of Appeal 1997

    This opinion cites § 39.022 2 times, the section generally

    · cited by 4 in all courts

    …as soon as legally permitted.” The court reserved jurisdiction to enforce restitution beyond the defendant’s nineteenth birthday, pursuant to subsection 39.022(4)(c), Florida Statutes (1995). The defendant argues that the imposition of restitution in this case contravened subsection 39.054(l)(a)l, which provides: When…

14. Smith v. State 697 So. 2d 991 · 4D96-2747 · 4th DCA 1997

    This opinion cites § 39.022 2 times, the section generally

    · cited by 10 in all courts

    …brought by information charging burglary of a dwelling. This offense did not fall within the statutory provisions for sentencing a juvenile as an adult. § 39.022(5)(c)3, Fla. Stat. (Supp.1992); State v. Berry, 647 So.2d 830 (Fla.1994); Robinson v. State, 642 So.2d 1204 (Fla. 4th DCA 1994); see Lunn v. State, …

15. Scott v. State 676 So. 2d 507 · DCA94-04606 · District Court of Appeal 1996

    This opinion cites § 39.022 2 times, the section generally

    …for resentencing. Since appellant was a juvenile, seventeen years old at the time of the offense, the court should have sentenced him as a juvenile (§ 39.022(2), Fla. Stat. (1993)) unless it made a written determination under section 39.059(7)(d), Florida Statutes (1993), that adult sanctions should be imposed. The…

16. Collins v. State 685 So. 2d 1345 · DCA95-00379 · District Court of Appeal 1996

    This opinion cites § 39.022 2 times, the section generally

    · cited by 2 in all courts

    …sentence Collins as an adult if it complies with section 39.059. We have considered the state’s argument that a remand is unnecessary because, under section 39.022(5)(c), Florida Statutes (1993), 1 the court is not required to comply with section 39.059 when sentencing a juvenile for a crime punishable by life imprisonment.…

17. T.L.P. v. State 657 So. 2d 49 · DCA94-04115 · District Court of Appeal 1995

    This opinion cites § 39.022 2 times, the section generally

    …offenses. The trial court responded, “she’s not a juvenile anymore; she’s been sentenced as an adult.” The trial court was apparently relying on section 39.022(5)(d), Florida Statutes (1993), which provides: Once a child has been transferred for criminal prosecution pursuant to a voluntary or an involuntary waiver…

18. Troutman v. State 630 So. 2d 528 · SC80 · Florida Supreme Court 1993

    This opinion cites § 39.022 2 times, the section generally

    · cited by 74 in all courts

    …ordinarily have their cases handled in the juvenile justice system, some juveniles may be tried and sentenced as adults in certain circumstances. See §§ 39.022(5); 39.052(2)(a); 39.047(4)(e)5.; 39.059, Fla. Stat. (1991). However, the Legislature has recognized that sentencing children as adults is generally not…

19. Grier v. State 605 So. 2d 503 · DCA92-00402 · District Court of Appeal 1992

    This opinion cites § 39.022 2 times, the section generally

    · cited by 2 in all courts

    …file” the charges in adult court. Grier moved to dismiss and, upon an adverse ruling, entered a plea of no contest. 1 The motion was based upon section 39.022(5)(e), Florida Statutes (1991), which states that “[e]ach state attorney shall develop written policies and guidelines which govern determinations for filing an…

20. C.L.S. v. State 586 So. 2d 1173 · 1D90-3532 · 1st DCA 1991

    This opinion cites § 39.022 2 times, the section generally

    …to Polk County for disposition, requiring transmission of the entire file. Judge Pate effectuated the transfer to Polk County pursuant to the authority of § 39.022(3)(a), Florida Statutes (Supp. 1990): [4] Petitions filed under this part shall be filed in the county where the delinquent act or violation of law occurred, but…

21. Interest of C.L.S. v. State 586 So. 2d 1173 · 2D90-3532 · 2nd DCA 1991

    This opinion cites § 39.022 2 times, the section generally

    · cited by 9 in all courts

    …to Polk County for disposition, requiring transmission of the entire file. Judge Pate effectuated the transfer to Polk County pursuant to the authority of § 39.022(3)(a), Florida Statutes (Supp.1990): 4 Petitions filed under this part shall be filed in the county where the delinquent act or violation of law occurred,…

22. Law v. State 825 So. 2d 474 · 2D02-1111 · 2nd DCA 2002

    This opinion cites § 39.022 1 time, the section generally

    …because Law was indicted for a capital offense and entered a plea to an offense punishable by life imprisonment, his sentence was controlled by section 39.022(5)(c)(3), Florida Statutes (1993). This statute required that children who were found guilty of an offense punishable by life imprisonment be sentenced as adults. See…

23. J.K. v. State 695 So. 2d 868 · 4D96-0655 · 4th DCA 1997

    This opinion cites § 39.022 1 time, the section generally

    · cited by 15 in all courts

    …or parent's ability to pay. § 39.054(1)(a)1, Fla. Stat. (1995). A court may retain jurisdiction over a juvenile until a "restitution order is satisfied." § 39.022(4)(c) Fla. Stat. (1995). For these reasons, in awarding restitution, the court may consider that reparations will be made over time and award those damages that the…

24. R.H.S. v. State 680 So. 2d 456 · DCA95-3135 · District Court of Appeal 1996

    This opinion cites § 39.022 1 time, the section generally

    …control and directing that he pay restitution in the amount of $200.00 per month until the full amount owed had been paid. This appeal follows. Section 39.022(4)(a), Florida Statutes (1995), provides that, subject to certain specified exceptions which have no application here, “when the jurisdiction of any child who is…

25. V.I. v. State 667 So. 2d 439 · DCA94-2615 · District Court of Appeal 1996

    This opinion cites § 39.022 1 time, the section generally

    · cited by 2 in all courts

    …as a juvenile ceases when the person attains the age of nineteen. In the Interest of B.P., 538 So.2d 73 (Fla. 4th DCA 1989). An exception is section 39.022(4)(c), Florida Statutes (1993), which permits extended retention of jurisdiction to enforce restitution orders. That section, however, applies only to offenses…

26. Allison v. State 652 So. 2d 472 · DCA94-1515 · District Court of Appeal 1995

    This opinion cites § 39.022 1 time, the section generally

    …as an adult. Therefore, any inadequacy with regard to the order imposing adult sanctions is irrelevant since such an order was not required under section 39.022(5)(d), Florida Statutes. See, Hangen v. State, 651 So.2d 706 (Fla. 5th DCA, 1995), and Varela v. State, 650 So.2d 683 (Fla. 5th DCA, 1995). BOOTH,…

27. Varela v. State 650 So. 2d 683 · 5D94-300 · 5th DCA 1995

    This opinion cites § 39.022 1 time, the section generally

    · cited by 4 in all courts

    …did not contest the accuracy of the crime as reported in the pre-disposition report, but suggested that Varela should receive nine years in the DOC. Section 39.022(5)(d), Florida Statutes (1993) states that a child who has been previously transferred and found to have committed the offense "shall thereafter be handled in every…

28. Lowe v. State 644 So. 2d 510 · 2D92-01897 · 2nd DCA 1994

    This opinion cites § 39.022 1 time, the section generally

    · cited by 2 in all courts

    …Because the defendant was charged with a crime punishable by death or life imprisonment, however, he was correctly treated as an adult pursuant to section 39.022(5)(c)(1), Florida Statutes (1991). The defendant also contends that the trial court erred in denying his motion to withdraw his guilty pleas. The trial court's…

29. Ruff v. State 637 So. 2d 57 · 5D93-1180 · 5th DCA 1994

    This opinion cites § 39.022 1 time, the section generally

    …sentence is a departure, yet there plainly are no written reasons for departure. The written sentence appears to be purely probationary. . See section 39.022(5), Florida Statutes (1993). DAUKSCH, Judge. This is an appeal from a sentence in a criminal case. Appellant raises two grounds for appeal. The first ground…

30. In re J.B. 605 So. 2d 1013 · DCA91-3350 · District Court of Appeal 1992

    This opinion cites § 39.022 1 time, the section generally

    …The state, which earlier conceded error in this matter, now points out that the defendant was charged by indictment with a life felony. Under section 39.022(5)(c)3, Florida Statutes (1991), the defendant must be tried as an adult. Accordingly, we withdraw our earlier opinion dated September 2, 1992, and in its place,…

31. Regueiro v. State 596 So. 2d 175 · DCA91-0891 · District Court of Appeal 1992

    This opinion cites § 39.022 1 time, the section generally

    · cited by 1 in all courts

    …accord with the provisions of section 39.059(7)(c), Florida Statutes (Supp. 1990). At the time of appellant’s sentencing, the legislature had amended section 39.022(5)(c) 3 to provide that a juvenile indicted by a grand jury for one offense, but convicted of a lesser offense, may be sentenced as an adult, pursuant to the…

32. In re Amendments to Fla. Rules of Juv. Pro. 649 So. 2d 1370 · SC83165 · Florida Supreme Court 1995

    Rule amendment This opinion cites § 39.022 2 times, the section generally

    · cited by 2 in all courts

    …for HIV testing), which conforms with section 960.003, Florida Statutes (Supp. 1992), and form 8.950 (a restitution order form), which conforms with sections 39.022(4)(c), 39.054(1), and 775.089, of the Florida Statutes. The proposed amendments and the additions, except for rule 8.100(c), were unanimously endorsed by the…

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