Dependency Law Finder

1. N.W. v. State 767 So. 2d 446 · SC95882 · Florida Supreme Court 2000

   This opinion cites § 39.053 6 times, the section generally

   · cited by 28 in all courts

   …statutes, when a court finds that a juvenile *448 has committed a delinquent act it may proceed to either: (1) withhold adjudication pursuant to section 39.053(2); [4] or (2) adjudicate the juvenile delinquent and proceed under section 39.054(1). [5] Section 39.054 provides in pertinent part: 39.054 Powers of…

2. D.V.S. v. State 632 So. 2d 221 · 5D92-3026 · 5th DCA 1994

   This opinion cites § 39.053 6 times, the section generally

   … D.V.S. pled nolo contendere to the reduced offense of trespass, a second degree misdemeanor. The judge withheld adjudication and pursuant to section 39.053(2), disposed of the matter on a non-adjudicated basis. D.V.S. was placed on community control under *222 the supervision of H.R.S. for a period of six months.…

3. D.V.S. v. State 632 So. 2d 221 · DCA92-3026 · District Court of Appeal 1994

   This opinion cites § 39.053 5 times, the section generally

   · cited by 8 in all courts

   … D.V.S. pled nolo contendere to the reduced offense of trespass, a second degree misdemeanor. The judge ivithheld adjudication and pursuant to section 39.053(2), disposed of the matter on a non-adjudicated basis. D.V.S. was placed on community control un *222 der the supervision of H.R.S. for a period of six months.…

4. A.B.C. v. State 682 So. 2d 553 · SC88182 · Florida Supreme Court 1996

   This opinion cites § 39.053 3 times, the section generally

   … The First District affirmed the trial court's order, citing the statutory authorization for curfew "as a penalty component of community control," sections 39.053(2), 39.054(1)(a), Florida Statutes (Supp.1994), and our recent decision in State v. Hart, 668 So.2d 589 (Fla.1996) (holding that statutorily authorized…

5. A.B.C. v. State 682 So. 2d 553 · SC88182-2 · Florida Supreme Court 1996

   This opinion cites § 39.053 3 times, the section generally

   · cited by 10 in all courts

   … The First District affirmed the trial court’s order, citing the statutory authorization for curfew “as a penalty component of community control,” sections 39.053(2), 39.054(l)(a), Florida Statutes (Supp.1994), and our recent decision in State v. Hart, 668 So.2d 589 (Fla.1996) (holding that statutorily authorized…

6. W.J. v. State 688 So. 2d 954 · 4D95-3950 · 4th DCA 1997

   This opinion cites § 39.053 2 times, the section generally

   …imposing a 7 p.m. curfew, when neither the curfew nor the curfew time had been orally pronounced at the time of sentencing. The court reasoned that sections 39.053(2) and 39.054(1)(a), Florida Statutes (1995), both authorized a curfew for juveniles placed in a community control program, so that a juvenile could be said to…

7. W.J. v. State 688 So. 2d 954 · 4D95-3950-2 · 4th DCA 1997

   This opinion cites § 39.053 2 times, the section generally

   · cited by 14 in all courts

   …imposing a 7 p.m. curfew, when neither the curfew nor the curfew time had been orally pronounced at the time of sentencing. The court reasoned that sections 39.053(2) and 39.054(l)(a), Florida Statutes (1995), both authorized a curfew for juveniles placed in a community control program, so that a juvenile could be said to…

8. Henyard v. State 689 So. 2d 239 · SC84314 · Florida Supreme Court 1996

   This opinion cites § 39.053 2 times, the section generally

   · cited by 84 in all courts

   …juvenile adjudication was not a conviction within the meaning of section 921.141(5)(b), Florida *252 Statutes (1993). This is expressly mandated in section 39.053, Florida Statutes (1993).... Despite correctly sustaining the objection to the admissibility of the North Carolina judgment, the trial court erred in stating…

9. Gahley v. State 605 So. 2d 1309 · 1D91-2671 · 1st DCA 1992

   This opinion cites § 39.053 2 times, the section generally

   · cited by 6 in all courts

   … Gahley argues that he could not properly be classified as an habitual offender, in that a juvenile adjudication of delinquency is not a "conviction." § 39.053(4), Fla. Stat. (1989). The state responds that defense counsel conceded Gahley's qualification as an habitual offender, and further argues that any error was…

10. Vonador v. State 857 So. 2d 323 · 2D03-2143 · 2nd DCA 2003

    This opinion cites § 39.053 1 time, the section generally

    · cited by 3 in all courts

    …omitted). The provision of section 39.10(4), Florida Statutes (1989), which prohibits the use of juvenile adjudications as convictions, is found in section 39.053(4), Florida Statutes (1991). The trial court denied Vonador’s motion, citing the provision of section 921.0021(5), Florida Statutes (2001-2003), which states…

11. State v. J.M. 824 So. 2d 105 · SC01-1215 · Florida Supreme Court 2002

    This opinion cites § 39.053 1 time, the section generally

    · cited by 70 in all courts

    …this manner, because a "juvenile adjudication was not a conviction within the meaning of section 921.141(5)(b), Florida Statutes (1993)" and because section 39.053, Florida Statutes (1993), the precursor to the current juvenile delinquency statutes, "expressly mandated" that adjudications of delinquency were not…

12. C.C.B. v. State 782 So. 2d 473 · 4D00-2071 · 4th DCA 2001

    This opinion cites § 39.053 1 time, the section generally

    · cited by 8 in all courts

    …written order." (affirmed trial court's order imposing a curfew as a condition of community control even though it was not orally pronounced because sections 39.053(2) and 39.054(1)(a), authorize a curfew for juveniles placed in a community control program). Other than conditions which are statutorily authorized or…

13. City of Jacksonville v. Caverly 727 So. 2d 307 · DCA98-2532 · District Court of Appeal 1999

    This opinion cites § 39.053 1 time, the section generally

    · cited by 1 in all courts

    …definitions of “conviction” and “convicted offender” likewise use terminology which doés not pertain in the chapter 39 juvenile context. And section 39.053(4), Fla.Stat. (Supp.1994), specifies (apart from limited exceptions not involved here) that ... an adjudication of delinquency by a court with respect to any…

14. J.S. v. State 717 So. 2d 175 · 4D97-2133 · 4th DCA 1998

    This opinion cites § 39.053 1 time, the section generally

    …payment of $375 in restitution, which includes two days of lost wages and actual damages. STONE, C.J., and TAYLOR, J., concur. NOTES [1] Section 39.053(2), Florida Statutes (1995), permits a court to impose a restitution requirement in cases where adjudication of delinquency is withheld. In Chapter 985,…

15. J.S. v. State 717 So. 2d 175 · 4D97-2133-2 · 4th DCA 1998

    This opinion cites § 39.053 1 time, the section generally

    · cited by 20 in all courts

    …order requiring payment of $375 in restitution, which includes two days of lost wages and actual damages. STONE, C.J., and TAYLOR, J., concur. . Section 39.053(2), Florida Statutes (1995), permits a court to impose a restitution requirement in cases where adjudication of delinquency is withheld. In Chapter 985,…

16. Wilson v. State 696 So. 2d 528 · 4D96-0225 · 4th DCA 1997

    This opinion cites § 39.053 1 time, the section generally

    · cited by 3 in all courts

    …higher" conviction under section 921.0016(3)(r). As a general matter of Florida law, an adjudication of delinquency may not be deemed a "conviction." See § 39.053(3), Fla. Stat. (1995). For this reason, juvenile adjudications are not considered prior "convictions" in classifying a defendant as an habitual offender. Cotton…

17. M.B. v. State 693 So. 2d 1066 · 4D94-3232 · 4th DCA 1997

    This opinion cites § 39.053 1 time, the section generally

    …§ 39.054(1), Fla. Stat. (1993). In this case, M.B. was not "adjudicated" for purposes of the statute. His case therefore falls under the provisions of section 39.053, Florida Statutes; thus, the restrictions relating to commitment or comparisons to adult sanctions are not involved. D.V.S. v. State, 632 So.2d 221 …

18. M.B. v. State 693 So. 2d 1066 · 4D94-3232-2 · 4th DCA 1997

    This opinion cites § 39.053 1 time, the section generally

    · cited by 11 in all courts

    …§ 39.054(1), Fla. Stat. (1993). In this case, M.B. was not “adjudicated” for purposes of the statute. His case therefore falls under the provisions of section 39.053, Florida Statutes; thus, the restrictions relating to commitment or comparisons to adult sanctions are not involved. D.V.S. v. State, 632 So.2d 221 …

19. P.V. v. State 676 So. 2d 530 · DCA95-2763 · District Court of Appeal 1996

    This opinion cites § 39.053 1 time, the section generally

    …remand, however, for the trial court to enter an amended disposition order, containing written factual findings for the adjudication, as required by section 39.053(3), Florida Statutes (1995). GLICKSTEIN, STONE and POLEN, JJ., concur.

20. Merck v. State 664 So. 2d 939 · SC83063 · Florida Supreme Court 1995

    This opinion cites § 39.053 1 time, the section generally

    · cited by 35 in all courts

    …the juvenile adjudication was not a conviction within the meaning of section 921.141(5)(b), Florida Statutes (1993). This is expressly mandated in section 39.053, Florida Statutes (1993), and section 7A-638, General Statutes of North Carolina (1993). Despite correctly sustaining the objection to the admissibility of…

21. Taylor v. State 659 So. 2d 1202 · 3D94-1056 · 3rd DCA 1995

    This opinion cites § 39.053 1 time, the section generally

    · cited by 5 in all courts

    …murder was within the maximum statutory sentence. § 775.082(3)(b), Fla. Stat. (1993); § 782.04(2), Fla. Stat. (1993). Affirmed. NOTES [1] See section 39.053(4), Florida Statutes (1993), providing, among other things, that a juvenile adjudication for delinquent act or violation of law shall not be deemed a…

22. In re S.C. 645 So. 2d 138 · DCA94-0450 · District Court of Appeal 1994

    This opinion cites § 39.053 1 time, the section generally

    …giving appellant sixty days to complete the fifty hours. Neither appellant’s nor appellee’s arguments are dispositive of the issue at hand. However, section 39.053(2), Florida Statutes (1993), establishes that the trial court’s order was proper. It provides: If the court finds that the child named in the petition has…

23. Prince v. State 641 So. 2d 496 · DCA94-805 · District Court of Appeal 1994

    This opinion cites § 39.053 1 time, the section generally

    …the criminal division of the circuit court,” § 958.04(l)(a), Fla.Stat. (1993), precludes treating such a sentence as a “juvenile disposition.” Under section 39.053(4), in turn, true “juvenile dispositions” are adjudications of delinquency, which are “the equivalent of convictions” under Rule 3.701(d)(5)(G), not the …

24. T.J. v. State 619 So. 2d 425 · 1D93-262 · 1st DCA 1993

    This opinion cites § 39.053 1 time, the section generally

    …to the provisions of this chapter, is found by a court to have committed a violation of law or to be in direct or indirect contempt of court... ." Section 39.053 states in pertinent part: (2) If the court finds that the child named in the petition has committed a delinquent act or violation of the law, it may, in its…

25. T.J. v. State 619 So. 2d 425 · DCA93-262 · District Court of Appeal 1993

    This opinion cites § 39.053 1 time, the section generally

    · cited by 8 in all courts

    …to the provisions of this chapter,, is found by a court to have committed a violation of law or to be in direct or indirect contempt of court....” Section 39.053 states in pertinent part: (2) If the court finds that the child named in the petition has committed a delinquent act or violation of the law, it may, in its…

26. Shook v. State 603 So. 2d 617 · 1D91-2536 · 1st DCA 1992

    This opinion cites § 39.053 1 time, the section generally

    · cited by 5 in all courts

    …for resentencing. ERVIN and WEBSTER, JJ., concur. NOTES [1] This provision, with minor modifications not relevant here, can now be found in section 39.053(4), Florida Statutes (Supp. 1990).

27. Department of Health & Rehabilitative Services v. J.T.H. 595 So. 2d 211 · DCA90-1749-2 · District Court of Appeal 1992

    This opinion cites § 39.053 1 time, the section generally

    · cited by 2 in all courts

    …order was rendered. Accordingly, we are compelled to reverse the order appealed because the court had no power to commit J.T.H. pursuant to sections 39.11(1) and 39.053(3) unless it adjudicated J.T.H. a delinquent. On remand the successor judge may in his discretion adjudicate J.T.H. delinquent and enter an appropriate order…

28. Department of Health & Rehabilitative Services v. J.T.H. 586 So. 2d 516 · DCA90-1749 · District Court of Appeal 1991

    This opinion cites § 39.053 1 time, the section generally

    …has been adjudicated a delinquent. If so, the court is empowered to commit the child to HRS pursuant to section 39.11(1); Florida Statutes (1989) and section 39.053(3), Florida Statutes (Supp.1990). 1 The court’s order required HRS to place J.T.H. in a long-term inpatient residential treatment facility pursuant to the…

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

    This opinion cites § 39.053 1 time, the section generally

    …39 proceeding does not lead to an order "adjudicating guilt." The order entered under Chapter 39 is properly termed "an adjudication of delinquency." § 39.053(4), Fla. Stat. (Supp. 1990). [10] Of course, the litigant proceeding under Rule 9.110 may seek review of any ruling or matter occurring prior to the filing of…

No opinion cites this provision by number.

Show all cases

No admin code rule cites § 39.053.

Show all rules

No CFOP cites § 39.053.

Show all CFOPs