Dependency Law Finder

1. Hadley v. State 546 So. 2d 769 · DCA88-1556 · District Court of Appeal 1989

   This opinion cites § 39.10 6 times, the section generally

   · cited by 1 in all courts

   …juvenile record in the sentencing procedure violates the separation of powers clause of article II, section 3 of the Florida Constitution and violates section 39.10(4), Florida Statutes (1987). The Florida Supreme Court has conclusively addressed the question of whether the sentencing guidelines are an unconstitutional…

2. Jackson v. State 336 So. 2d 633 · 4D74-1625 · 4th DCA 1976

   This opinion cites § 39.10 3 times, the section generally

   · cited by 6 in all courts

   …Jones v. State, 305 So.2d 827 (Fla. 4th DCA 1975). Defendant, however, in contending that a juvenile adjudication is not a "conviction" points to section 39.10(4), Florida Statutes (now renumbered section 39.10(5), F.S. (1975), which states: "An adjudication by a court that a child is a dependent or delinquent child…

3. In re R.J.C. 300 So. 2d 54 · 1DU-338 · 1st DCA 1974

   This opinion cites § 39.10 3 times, the section generally

   …regarding dispositions in cases involving children who are declared dependent, delinquent or in need of supervision. Section 16 of Chapter 73-231 amended § 39.10 by adding a new subsection (5) which reads as follows: "In all case where one or both of the parents of a child is unable or unfit to be awarded custody and…

4. In re Interest of R.J.C. 300 So. 2d 54 · DCAU-338 · District Court of Appeal 1974

   This opinion cites § 39.10 3 times, the section generally

   · cited by 121 in all courts

   …regarding dispositions in cases involving children who are declared dependent, delinquent or in need of supervision. Section 16 of Chapter 73-231 amended § 39.10 by adding a new subsection (5) which reads as follows: “In all case where one or both of the parents of a child is unable or unfit to be awarded custody and…

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

   This opinion cites § 39.10 2 times, the section generally

   · cited by 3 in all courts

   …as a habitual offender. Shook and Gahley were cited with approval in State v. J.M., 824 So.2d 105 (Fla.2002). Shook held: Section 39.10(4), Florida Statutes (1989), provides that, except for use in subsequent proceedings under chapter 39, an adjudication of delinquency “shall not be deemed a…

6. J.M. v. State 783 So. 2d 1204 · 1D00-2709 · 1st DCA 2001

   This opinion cites § 39.10 2 times, the section generally

   …otherwise. In 1951, when juvenile courts were first given jurisdiction over acts which would otherwise be designated criminal, the legislature enacted section 39.10(3), Florida Statutes *1206 (1951), which provided that in proceedings in juvenile courts, an adjudication of delinquency "shall not be deemed a conviction." In…

7. J.M. v. State 783 So. 2d 1204 · 1D00-2709-2 · 1st DCA 2001

   This opinion cites § 39.10 2 times, the section generally

   · cited by 5 in all courts

   …otherwise. In 1951, when juvenile courts were first given jurisdiction over acts which would otherwise be designated criminal, the legislature enacted section 39.10(3), Florida Statutes *1206 (1951), which provided that in proceedings in juvenile courts, an adjudication of delinquency “shall not be deemed a conviction.” In…

8. J.B.M. v. State 560 So. 2d 347 · 5D89-985 · 5th DCA 1990

   This opinion cites § 39.10 2 times, the section generally

   …Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee. PER CURIAM. A child who has been found to have committed a delinquent act (§ 39.10(3), Fla. Stat.) has not been convicted of a felony as defined in Article X, section 10, Florida Constitution, and section 775.08(1), Florida Statutes, although…

9. J.B.M. v. State 560 So. 2d 347 · DCA89-985 · District Court of Appeal 1990

   This opinion cites § 39.10 2 times, the section generally

   · cited by 2 in all courts

   PER CURIAM. A child who has been found to have committed a delinquent act (§ 39.10(3), Fla. Stat.) has not been convicted of a felony as defined in Article X, section 10, Florida Constitution, and section 775.08(1), Florida Statutes, although…

10. T.S.W. v. State 489 So. 2d 1146 · 2D85-1660 · 2nd DCA 1986

    This opinion cites § 39.10 2 times, the section generally

    …misdemeanor if it represents the "second conviction for petit theft." § 812.014(2)(c), Fla. Stat. (1985). Appellant argues that because of section 39.10(4), Florida Statutes (1985), his prior adjudication of delinquency predicated on petit theft does not constitute a "conviction" of petit theft. Section…

11. T.S.W. v. State 489 So. 2d 1146 · DCA85-1660 · District Court of Appeal 1986

    This opinion cites § 39.10 2 times, the section generally

    · cited by 8 in all courts

    …misdemeanor if it represents the “second conviction for petit theft.” § 812.-014(2)(c), Fla.Stat. (1985). Appellant argues that because of section 39.10(4), Florida Statutes (1985), his prior adjudication of delinquency predicated on petit theft does not constitute a “conviction” of petit theft. Section…

12. State v. C.C.B. 465 So. 2d 1379 · 5D84-645 · 5th DCA 1985

    This opinion cites § 39.10 2 times, the section generally

    · cited by 8 in all courts

    …Section 39.04(2)(e) places the prosecutorial discretion in the state attorney. The powers of adjudication and disposition are vested in the court. Sections 39.10(1), (2); 39.11, Florida Statutes (1983). Prosecution of a juvenile may be deferred where a plan of proposed treatment, training or conduct is presented in lieu…

13. R.A.B. v. State 399 So. 2d 16 · 3D78-2200 · 3rd DCA 1981

    This opinion cites § 39.10 2 times, the section generally

    …adjudicating him delinquent is reversed. The cause is remanded to the trial court for a new determination whether to withhold adjudication *19 under Section 39.10(2), Florida Statutes (1980), or to enter an order of adjudication under Section 39.10(3), Florida Statutes (1980). Since the trial judge who adjudicated R.A.B.…

14. R.A.B. v. State 399 So. 2d 16 · DCA78-2200 · District Court of Appeal 1981

    This opinion cites § 39.10 2 times, the section generally

    · cited by 13 in all courts

    …adjudicating him delinquent is reversed. The cause is remanded to the trial court for a new determination whether to withhold adjudication *19 under Section 39.10(2), Florida Statutes (1980), or to enter an order of adjudication under Section 39.10(3), Florida Statutes (1980). Since the trial judge who adjudicated R. A. B.…

15. In Interest of Hutchins 345 So. 2d 703 · SC48306 · Florida Supreme Court 1977

    This opinion cites § 39.10 2 times, the section generally

    · cited by 7 in all courts

    …punishment methods of training and treatment directed toward the correction and rehabilitation of children who violate the laws;... ." See also Section 39.10(5), Florida Statutes, In re Gault, 387 U.S. 1 at 14 and 15, 87 S.Ct. 1428 , 18 L.Ed.2d 527 (1967), and State v. D.H., a juvenile, et al., Fla., …

16. Van Meter v. Murphy 287 So. 2d 740 · 1DS-424 · 1st DCA 1973

    This opinion cites § 39.10 2 times, the section generally

    · cited by 8 in all courts

    …court did not have the guiding benefit of a new amendment to the juvenile law that has since been enacted, Chapter 73-231, Section 16, which amends Section 39.10, Florida Statutes, F.S.A., by adding a new subsection (5) thereto which reads: "(5) In all cases where one or both of the parents of a child is unable or…

17. D.R.W. v. State 262 So. 2d 701 · DCA72-312 · District Court of Appeal 1972

    This opinion cites § 39.10 2 times, the section generally

    · cited by 2 in all courts

    …and find that contention of the appellant to be without merit. In this proceeding the child was not being prosecuted for a criminal offense. As shown by § 39.10 the decision to be reached by the court on such a petition is not one finding the child to be guilty, or not guilty, of a specific criminal offense, but is an…

18. Camreta v. Greene ex rel. S.G. 563 U.S. 692 · US563-692 · U.S. Supreme Court 2011

    Other This opinion cites § 39.10 1 time, the section generally

    · cited by 850 in all courts

    Supreme Court held it may review rulings for officials granted qualified immunity, but the school-interview Fourth Amendment case was moot, so it vacated that part.

    …have been prevented from obtaining the review to which they are entitled [are] not . . . treated as if there had been a re view.” Munsingwear, 340 U. S., at 39.10 S. G. contends that vacatur is inappropriate in the qualified immunity context because that disposition would “undermine” the Court of Appeals’ choice to…

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

    This opinion cites § 39.10 1 time, the section generally

    · cited by 6 in all courts

    …The state conceded on appeal that habitualization was improperly predicated on these adjudications, and the court agreed. It noted the provision of section 39.10(4), Florida Statutes (predecessor of section 39.053, Florida Statutes) that an adjudication of delinquency "shall not be deemed a conviction." Because section…

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

    This opinion cites § 39.10 1 time, the section generally

    · cited by 5 in all courts

    …the state concedes appellant was improperly sentenced as an habitual felony offender based on juvenile adjudications of delinquency. We agree. Section 39.10(4), Florida Statutes (1989), [1] provides that, except for use in subsequent proceedings under chapter 39, an adjudication of delinquency "shall not be deemed a…

21. Russell v. Wanicka 524 So. 2d 1077 · DCA87-1480 · District Court of Appeal 1988

    This opinion cites § 39.10 1 time, the section generally

    · cited by 2 in all courts

    …would subject him to a delinquency hearing can be transferred for criminal prosecution under section 39.09(2), Florida Statutes (1985). Even though section 39.10(4), Florida Statutes (1985), provides that “an adjudication by a court that a child has committed a delinquent act shall not be deemed a conviction ...,” the…

22. In re D.W.K. 492 So. 2d 1360 · 5DBJ-17 · 5th DCA 1986

    This opinion cites § 39.10 1 time, the section generally

    · cited by 1 in all courts

    …circuit court judge had no option regarding whether to place the child in foster care or in the custody of a relative who was willing to receive it. Section 39.10(6), Florida Statutes (1977), had formerly provided: “In all cases in which one or both of the parents of a child is unable or unfit to be awarded custody and in…

23. In re D.T. 477 So. 2d 1086 · DCA85-333 · District Court of Appeal 1985

    This opinion cites § 39.10 1 time, the section generally

    · cited by 3 in all courts

    …1 Withdrawal of the plea in this case after completion of the bargained forty hours of community service would have been inappropriate. Second, section 39.10, Florida Statutes (1983), for reasons unexplained to us, makes no provision for modification in the absence of adjudication. There was no adjudication in the…

24. D.C. v. State 436 So. 2d 203 · 1DAM-431 · 1st DCA 1983

    This opinion cites § 39.10 1 time, the section generally

    …of delinquency; or 3. Withhold adjudication of delinquency and impose upon defendant community-based sanctions in a community control program. Section 39.10, Florida Statutes (1981), which deals specifically with adjudication, also sets forth the above alternatives as the only dispositional acts authorized. In…

25. D.C. v. State 436 So. 2d 203 · DCAAM-431 · District Court of Appeal 1983

    This opinion cites § 39.10 1 time, the section generally

    · cited by 17 in all courts

    …of delinquency; or 3. Withhold adjudication of delinquency and impose upon defendant community-based sanctions in a community control program. Section 39.10, Florida Statutes (1981), which deals specifically with adjudication, also sets forth the above alternatives as the only dispositional acts authorized. In…

26. In Interest of W.B. 428 So. 2d 309 · 4D81-494 · 4th DCA 1983

    This opinion cites § 39.10 1 time, the section generally

    · cited by 7 in all courts

    …respectively point out (1) that Florida Rule of Criminal Procedure 3.850 is available to prisoners "in custody under sentence of a court," whereas section 39.10(4), Florida Statutes (Supp. 1980) provides that adjudication of delinquency is not a conviction and the juvenile is not a criminal; and (2) that Florida Rule of…

27. In Interest of J.S. 404 So. 2d 1144 · 5D81-1022 · 5th DCA 1981

    This opinion cites § 39.10 1 time, the section generally

    · cited by 16 in all courts

    …custody should be granted, thereby awarding the grandmother custody. The R.J.C. court concluded that the grandparents had standing because of then-section 39.10(5), which provided that where the parents of the child were unfit, and there was a close relative who was fit, ready, able and willing to be awarded custody, the…

28. Blue v. State 402 So. 2d 1339 · DCAWW-233 · District Court of Appeal 1981

    This opinion cites § 39.10 1 time, the section generally

    · cited by 2 in all courts

    …must be read in the context of a statutory scheme which differentiates juvenile offenses from criminal convictions generally for felonies or misdemeanors. § 39.10(4), Florida Statutes. *1341 Since appellant has “not previously been found guilty of a felony” as that term is used in the statute to refer to trial as an…

29. Interest of R.D.B. v. State 404 So. 2d 136 · DCA81-110 · District Court of Appeal 1981

    This opinion cites § 39.10 1 time, the section generally

    · cited by 1 in all courts

    …of the Department .... [Emphasis added]. Other sections of Chapter 39 refer to restitution in the context of community control. See §§ 39.09(3)(f); 39.10(2); 39.11(l)(a); 39.11(l)(a)l. Nowhere is restitution authorized as a condition of commitment to HRS. We believe the appellant has constructed a straw man to…

30. Masci v. State 397 So. 2d 984 · 3D80-1435 · 3rd DCA 1981

    This opinion cites § 39.10 1 time, the section generally

    · cited by 3 in all courts

    …with the trial court that the terms of the statute apply to this situation and reject both of the appellant’s arguments to the contrary: 1. Sections 39.09(3) and 39.10(2), Fla.Stat. (1979) provide for a two-step process in the disposition of delinquency proceedings under which, after the juvenile has first been found to have…

31. Love v. State 396 So. 2d 801 · DCA80-1059 · District Court of Appeal 1981

    This opinion cites § 39.10 1 time, the section generally

    …to criminal adjudication at the time they are arrested or charged with additional crimes. Lewis v. State, 357 So.2d 725 (Fla.1978). Under Section 39.10(4), Florida Statutes (1979), an adjudication that a juvenile has committed a delinquent act cannot be deemed a conviction and therefore such adjudication will…

32. G.K.D. v. State 391 So. 2d 327 · DCATT-148 · District Court of Appeal 1980

    This opinion cites § 39.10 1 time, the section generally

    · cited by 3 in all courts

    …violating § 806.13, Florida Statutes, and the action taken by the trial judge was within her power pursuant to Chapter 39, Florida Statutes. See § 39.01(8) and 39.10(2). We accordingly affirm. ERVIN and SHAW, JJ., concur.

33. S.W. v. State 391 So. 2d 224 · DCA79-1788 · District Court of Appeal 1980

    This opinion cites § 39.10 1 time, the section generally

    · cited by 1 in all courts

    …State, 71 So.2d 899 (Fla.1954); Diaz v. State, 387 So.2d 978 (Fla. 3d DCA 1980). Reversed. . This disposition is not in accord with Section 39.10, Florida Statutes (1979). We need not, however, address this issue.

34. In Interest of W.H. 356 So. 2d 34 · 1DFF-94 · 1st DCA 1978

    This opinion cites § 39.10 1 time, the section generally

    · cited by 5 in all courts

    …unfit, the court should award custody of the child to a close relative, if there be one, who is fit, ready, able and willing to be awarded custody. Section 39.10(6), Florida Statutes (1975). To warrant a modification or change of a child custody order, the burden is on the movant to prove a substantial and material change…

35. Hedspeth v. Albritton 356 So. 2d 34 · DCAFF-94 · District Court of Appeal 1978

    This opinion cites § 39.10 1 time, the section generally

    · cited by 1 in all courts

    …unfit, the court should award custody of the child to a close relative, if there be one, who is fit, ready, able and willing to be awarded custody. Section 39.10(6), Florida Statutes (1975). To warrant a modification or change of a child custody order, the burden is on the movant to prove a substantial and material change…

36. D.T.H. v. State 348 So. 2d 1155 · SC50578 · Florida Supreme Court 1977

    This opinion cites § 39.10 1 time, the section generally

    · cited by 2 in all courts

    …by the trial court. The trial court found D.T.H. to be dependent by reason of ungovernability for the second time within the intent and meaning of Section 39.10, Florida Statutes. On appeal, appellant first contends that Section 39.01(11) is unconstitutionally vague. We have recently resolved that point against…

37. In re I.S.H. 344 So. 2d 1295 · DCA76-651 · District Court of Appeal 1977

    This opinion cites § 39.10 1 time, the section generally

    · cited by 3 in all courts

    …error. Pursuant to Section 90.08, Florida Statutes (1975), any witness may be impeached *1296 upon a showing of his “conviction of any crime.” Section 39.10(5), Florida Statutes (1975), however, specifically provides that: “An adjudication by a court that a child is a . . . delinquent child shall not be deemed a…

38. M.W.B. v. State 335 So. 2d 10 · DCAB-145 · District Court of Appeal 1976

    This opinion cites § 39.10 1 time, the section generally

    · cited by 2 in all courts

    …of any one of certain specified crimes. A juvenile who is adjudicated a delinquent child cannot be considered to have been convicted of a crime. F.S. 39.10(5). Thus, the essential prerequisite of F.S. 775.087(2) (i. e. conviction) cannot possibly be met by a juvenile who has been adjudicated to be delinquent. This…

39. In re S.H.L. 337 So. 2d 991 · DCA75-1387 · District Court of Appeal 1976

    This opinion cites § 39.10 1 time, the section generally

    …demonstrates that the trial judge found appellant to be in need of supervision and thus the disposition made was within the court’s authority as provided by § 39.10 F.S.1973, and Rule 8.110 FRJP. Appellant also complains of the trial court’s action in placing appellant in detention for a period of approximately one week…

40. In re W.O.C. 318 So. 2d 148 · DCA75-332 · District Court of Appeal 1975

    This opinion cites § 39.10 1 time, the section generally

    · cited by 1 in all courts

    …custody “For a delinquent act, pursuant to the laws of arrest”. A delinquent act presupposes the commission of an act which is a “violation of law”. Sections 39.10(1); 39:12; 39.31. An examination of sé¿. 790.22, F.S., reflects that the only offense denominated as a crime is specified in sec. 790.22(2) wherein it is…

41. In re S.M.G. 291 So. 2d 43 · 4D73-651 · 4th DCA 1974

    This opinion cites § 39.10 1 time, the section generally

    …delinquent child? That is the question. Appellant is the mother of a fifteen year old daughter who had been adjudicated to be delinquent under F.S. Section 39.10, F.S.A. 1971 [2] . Thereafter in the administration of Chapter 39 and in laudable pursuit of the child's rehabilitation, the juvenile court ordered the…

42. Provost v. State 291 So. 2d 43 · DCA73-651 · District Court of Appeal 1974

    This opinion cites § 39.10 1 time, the section generally

    · cited by 1 in all courts

    …delinquent child? That is the question. Appellant is the mother of a fifteen year old daughter who had been adjudicated to be delinquent under F.S. Section 39.10, F. S.A.1971 2 . Thereafter in the administration of Chapter 39 and in laudable pursuit of the child’s rehabilitation, the juvenile court ordered the…

43. State v. R.E.F. 251 So. 2d 672 · 1DO-416 · 1st DCA 1971

    This opinion cites § 39.10 1 time, the section generally

    · cited by 1 in all courts

    …on the indictment rendered by the grand jury. Appellant furthermore calls attention to that provision of the juvenile court act contained in F.S. Section 39.10(3), F.S.A., which is as follows: "An adjudication by a juvenile court that a child is a dependent or delinquent child shall not be deemed a conviction, nor…

44. State v. R.E.F. 251 So. 2d 672 · DCAO-416 · District Court of Appeal 1971

    This opinion cites § 39.10 1 time, the section generally

    · cited by 11 in all courts

    …on the indictment rendered by the grand jury. Appellant furthermore calls attention to that provision of the juvenile court act contained in F.S. Section 39.10(3), F.S.A., which is as follows: “An adjudication by a juvenile court that a child is a dependent or delinquent child shall not be deemed a conviction, nor…

45. In re V.D. 245 So. 2d 273 · 4D70-113 · 4th DCA 1971

    This opinion cites § 39.10 1 time, the section generally

    …U.S. 28 , 90 S.Ct. 163 , 24 L.Ed.2d 148 , wherein the United States Supreme Court expressly declined to pass upon a similar issue. F.S. 1969, section 39.10(3), F.S.A., provides: "An adjudication by a juvenile court that a child is a dependent or delinquent child shall not be deemed a conviction, nor shall the…

46. In re V.D. 245 So. 2d 273 · DCA70-113 · District Court of Appeal 1971

    This opinion cites § 39.10 1 time, the section generally

    · cited by 6 in all courts

    …U.S. 28 , 90 S.Ct. 163 , 24 L.Ed.2d 148 , wherein the United States Supreme Court expressly declined to pass upon a similar issue. F.S.1969, section 39.10(3), F.S.A., provides : “An adjudication by a juvenile court that a child is a dependent or delinquent child shall not be deemed a conviction, nor shall the…

47. A.N.E. v. State 156 So. 2d 525 · 1DE-318-E-321 · 1st DCA 1963

    This opinion cites § 39.10 1 time, the section generally

    …In the present consideration, however, we agree with the petitioner's contention that bail would not be appropriate in view of the provision in Section 39.10, Florida Statutes, *528 F.S.A., that an adjudication by a juvenile court that a child is a dependent or delinquent child shall not be deemed a conviction…

48. A.N.E. v. State 156 So. 2d 525 · DCAE-318-E-321 · District Court of Appeal 1963

    This opinion cites § 39.10 1 time, the section generally

    · cited by 2 in all courts

    …In the present consideration, however, we agree with the petitioner’s contention that bail would not be appropriate in view of the provision in Section 39.10, Florida Statutes, *528 F.S.A., that an adjudication by a juvenile court that a child is a dependent or delinquent child shall not be deemed a conviction and…

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