Dependency Law Finder

1. R.A.H. v. State 614 So. 2d 1189 · 1D92-2782 · 1st DCA 1993

   This opinion cites § 39.112 21 times, the section generally

   …[1] Thereafter, on or about April 15-16, 1992, he left that facility without permission. He was charged and adjudicated guilty of escape under section 39.112, Florida Statutes (1989). [2] Appealing this delinquency order, R.A.H. contends that the trial court erred in denying his motion to dismiss the escape…

2. R.A.H. v. State 614 So. 2d 1189 · DCA92-2782 · District Court of Appeal 1993

   This opinion cites § 39.112 20 times, the section generally

   · cited by 30 in all courts

   …house.” 1 Thereafter, on or about April 15-16, 1992, he left that facility without permission. He was charged and adjudicated guilty of escape under section 39.112, Florida Statutes (1989). 2 Appealing this delinquency order, R.A.H. contends that the trial court erred in denying his motion to dismiss the escape charge.…

3. S.W.M. v. State 647 So. 2d 313 · 2D92-03526 · 2nd DCA 1994

   This opinion cites § 39.112 10 times, the section generally

   …committing the act of escape. We affirm. The state filed a petition against appellant charging him with escape from a halfway house in violation of section 39.112, Florida Statutes (1989). Appellant filed a motion to dismiss the petition on the basis that it was invalid because section 39.112 had been repealed by the…

4. S.W.M. v. State 647 So. 2d 313 · DCA92-03526 · District Court of Appeal 1994

   This opinion cites § 39.112 10 times, the section generally

   · cited by 2 in all courts

   …committing the act of escape. We affirm. The state filed a petition against appellant charging him with escape from a halfway house in violation of section 39.112, Florida Statutes (1989). Appellant filed a motion to dismiss the petition on the basis that it was invalid because section 39.112 had been repealed by the…

5. B.H. v. State 622 So. 2d 615 · 5D92-1856 · 5th DCA 1993

   This opinion cites § 39.112 9 times, the section generally

   …prior to October 1, 1990, hence the committing courts had not been authorized to, and did not, designate a restrictiveness level for them. Under section 39.112, the predecessor to 39.061, all escapes from juvenile facilities could be prosecuted as third degree felonies. When section 39.112 was repealed by the 1990…

6. B.H. v. State 622 So. 2d 615 · 1D92-1856 · 1st DCA 1993

   This opinion cites § 39.112 9 times, the section generally

   · cited by 40 in all courts

   …prior to October 1, 1990, hence the committing courts had not been authorized to, and did not, designate a restrictiveness level for them. Under section 39.112, the predecessor to 39.061, all escapes from juvenile facilities could be prosecuted as third degree felonies. When section 39.112 was repealed by the 1990…

7. R.P. v. State 389 So. 2d 658 · DCAOO-452 · District Court of Appeal 1980

   This opinion cites § 39.112 7 times, the section generally

   · cited by 2 in all courts

   …the Jacksonville Youth Development Center (JYDC) and were subsequently charged with escape from a “training school”, a third-degree felony pursuant to Section 39.112, Florida Statutes (1979): ESCAPES FROM A JUVENILE FACILITY. -An escape from any training school or secure detention facility maintained for the treatment,…

8. G.E.J. v. State 401 So. 2d 1325 · SC59943 · Florida Supreme Court 1981

   This opinion cites § 39.112 6 times, the section generally

   OVERTON, Justice. Twenty-seven juvenile appellants appealed their respective convictions for escape under section 39.112, Florida Statutes (1979), to the First District Court of Appeal. The district court, in its opinion reported as R. P. v. State, 389 So.2d 658 (Fla. 1st…

9. P.A.C. v. State 391 So. 2d 364 · DCATT-149 · District Court of Appeal 1980

   This opinion cites § 39.112 5 times, the section generally

   …found in a recent decision (R. R. et al. v. State, 39 FLW 1874 (Fla. 1st DCA, 1980)) to be a “training school” within the meaning of the provision of § 39.112, Florida Statutes, penalizing an escape from any training school or secure detention facility maintained for the treatment, rehabilitation, or…

10. B.H. v. State 645 So. 2d 987 · SC82361 · Florida Supreme Court 1994

    This opinion cites § 39.112 4 times, the section generally

    · cited by 74 in all courts

    …amend. XIV, and we hold that the failure of section 39.061, Florida Statutes (Supp. 1990), worked an automatic revival of its immediate predecessor, section 39.112, Florida Statutes (1989). This is so because we find the last statute free of the constitutional defect unwittingly created by the 1990 amendment. Section…

11. State v. Ferguson 395 So. 2d 1182 · DCA80-249 · District Court of Appeal 1981

    This opinion cites § 39.112 4 times, the section generally

    GLICKSTEIN, Judge, dissenting: I respectfully dissent. There is a material difference in the statutes governing escape by juveniles and adults. Section 39.112, Florida Statutes (1979), says: An escape from any training school or secure detention facility maintained for the treatment, rehabilitation, or detention…

12. T.L.B. v. State 626 So. 2d 1120 · DCA92-2568 · District Court of Appeal 1993

    This opinion cites § 39.112 3 times, the section generally

    · cited by 1 in all courts

    … dissenting. I respectfully dissent for the reasons set out in my dissent in B.H. v. State, 622 So.2d 615 (Fla. 5th DCA 1993). In my view, section 39.112 was effectively repealed by section 39.061 on October 1, 1990. In this case, T.L.B. was charged and convicted of escape pursuant to section 39.112 which is a…

13. B.M. v. State 625 So. 2d 956 · 5D92-1577 · 5th DCA 1993

    This opinion cites § 39.112 3 times, the section generally

    …concur. W. SHARP, J., dissents, with opinion. W. SHARP, Judge, dissenting. I respectfully dissent. Here, the juveniles were prosecuted under section 39.112, Florida Statutes (1989), for having escaped "from a halfway house, a training school or secure detention facility, to wit: Brevard Halfway House, 5332…

14. B.M. v. State 625 So. 2d 956 · DCA92-1577 · District Court of Appeal 1993

    This opinion cites § 39.112 3 times, the section generally

    · cited by 6 in all courts

    …concur. W. SHARP, J., dissents, with opinion. W. SHARP, Judge, dissenting. I respectfully dissent. Here, the juveniles were prosecuted under section 39.112, Florida Statutes (1989), for having escaped “from a halfway house, a training school or secure detention facility, to wit: Brevard Halfway House, 5332…

15. State v. J.R.M. 388 So. 2d 1227 · SC56402 · Florida Supreme Court 1980

    This opinion cites § 39.112 3 times, the section generally

    · cited by 11 in all courts

    …before us on direct appeal from an order of the Twelfth Judicial Circuit Court in and for Manatee County, directly passing on the constitutionality of section 39.112, Florida Statutes (Supp. 1978). We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. On January 16, 1979, the juvenile court ordered that J.R.M., a…

16. Pryor v. State SC2023-0593 · Florida Supreme Court 2025

    This opinion cites § 39.112 2 times, the section generally

    …Int. of F.G., 349 So. 2d 727 (Fla. 4th DCA 1977). The next year, the Legislature enacted chapter 78-414, section 17, Laws of Florida, which created section 39.112, Florida Statutes (Supp. 1978). It read: Escapes from a juvenile facility.—An escape from any training school or secure detention …

17. Henderson v. State 720 So. 2d 1121 · 4D97-2899 · 4th DCA 1998

    This opinion cites § 39.112 2 times, the section generally

    · cited by 11 in all courts

    …each of these offenses is a third degree felony punishable by a maximum of five years in the department of corrections. See Fla. Stat. §§ 231.06 (1993); 39.112 (1989); [1] 812.014(1993); 775.082(3)(d)(1993). On September 17, 1993 defendant pled nolo contendere to each charge in both cases. On all counts he was…

18. State v. Varela 636 So. 2d 559 · 5D93-2795 · 5th DCA 1994

    This opinion cites § 39.112 2 times, the section generally

    · cited by 2 in all courts

    …shall run consecutive to any former sentence imposed upon any prisoner. The state's argument is supported by the supreme court's interpretation of section 39.112, Florida Statutes (Supp. 1978), a predecessor to section 39.061 which contained provisions with differences insignificant to the issue on appeal. In State v.…

19. D.F. v. State 623 So. 2d 867 · 5D92-2199 · 5th DCA 1993

    This opinion cites § 39.112 2 times, the section generally

    …However, that leaves us in this case with a situation where a juvenile defendant has been charged and convicted under a nonexistent criminal statute. Section 39.112 was repealed October 1, 1990. A critical element of section 39.061 [1] (whether D.F. escaped from a Level VI or above facility) was not alleged in the…

20. D.F. v. State 623 So. 2d 867 · DCA92-2199 · District Court of Appeal 1993

    This opinion cites § 39.112 2 times, the section generally

    · cited by 5 in all courts

    …However, that leaves us in this case with a situation where a juvenile defendant has been charged and convicted under a nonexistent criminal statute. Section 39.112 was repealed October 1, 1990. A critical element of section 39.061 1 (whether D.F. escaped from a Level VI or above facility) was not alleged in the…

21. Trueblood v. State 610 So. 2d 12 · DCA92-1527 · District Court of Appeal 1992

    This opinion cites § 39.112 2 times, the section generally

    · cited by 3 in all courts

    …of “escape from a juvenile detention facility in violation of § 944.40.” Danzy argued that escape from a juvenile detention facility was contrary to section 39.112 (predecessor of section 39.-061), and a third-degree felony, thus he could be sentenced to no more than the 5-year statutory maximum. This court agreed,…

22. Danzy v. State 603 So. 2d 1320 · 1D91-1059 · 1st DCA 1992

    This opinion cites § 39.112 2 times, the section generally

    · cited by 10 in all courts

    …that escape from an adult prison or jail is a second-degree felony, while escape from a juvenile detention facility is a third-degree felony under section 39.112. Since the judgment characterizes Appellant's conviction on this count as a second-degree felony rather than a third-degree felony, Appellant argues, the…

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

    This opinion cites § 39.112 2 times, the section generally

    …House in Duval County, Florida. The state filed a petition in the Fourth Judicial Circuit requesting that C.L.S. be adjudicated delinquent for violation of § 39.112, Florida Statutes (1989). At the adjudicatory hearing convened before Judge Pate on October 24, 1990, the state orally amended the petition to charge the…

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

    This opinion cites § 39.112 2 times, the section generally

    · cited by 9 in all courts

    …House in Duval County, Florida. The state filed a petition in the Fourth Judicial Circuit requesting that C.L.S. be adjudicated delinquent for violation of § 39.112, Florida Statutes (1989). At the adjudicatory hearing convened before Judge Pate on October 24, 1990, the state orally amended the petition to charge the…

25. K.A.N. v. State 582 So. 2d 57 · 1D90-3539 · 1st DCA 1991

    This opinion cites § 39.112 2 times, the section generally

    … REVERSED AND REMANDED. MINER, J., concurs. ERVIN, J., concurs in result. NOTES [1] The state initially charged appellant with violation of section 39.112, Florida Statutes, but orally amended the petition to charge violation of section 39.061, Florida Statutes (Supp. 1990), the new juvenile escape statute.…

26. K.A.N. v. State 582 So. 2d 57 · DCA90-3539 · District Court of Appeal 1991

    This opinion cites § 39.112 2 times, the section generally

    · cited by 15 in all courts

    …charge. REVERSED AND REMANDED. MINER, J., concurs. ERVIN, J., concurs in result. . The state initially charged appellant with violation of section 39.112, Florida Statutes, but orally amended the petition to charge violation of section 39.061, Florida Statutes (Supp.1990), the new juvenile escape statute.…

27. D.J.S. v. State 617 So. 2d 416 · DCA92-3365 · District Court of Appeal 1993

    This opinion cites § 39.112 1 time, the section generally

    …39.061, Florida Statutes (Supp.1990), relating to escape from a juvenile residential commitment facility, does not revive the corresponding part of section 39.112, Florida Statutes (1989), the earlier statute relating to escape from a juvenile facility. See R.A.H. v. State, 614 So.2d 1189 (Fla. 1st DCA 1993). The…

28. In the Interest of D.W. v. State 616 So. 2d 628 · DCA92-3455 · District Court of Appeal 1993

    This opinion cites § 39.112 1 time, the section generally

    … This is an appeal from the denial of Appellant’s motion to dismiss a delinquency petition charging escape from a juvenile facility in violation section 39.112, Florida Statutes. Finding this issue to be identical to that in R.A.H. v. State, 614 So.2d 1189 (Fla. 1st DCA 1993), we reverse Appellant’s…

29. In the Interest of J.A.C. v. State 615 So. 2d 881 · 1D92-2780 · 1st DCA 1993

    This opinion cites § 39.112 1 time, the section generally

    … Appellant appeals the denial of his motion to dismiss the petition charging delinquency due to escape from a juvenile facility in violation of section 39.112, Florida Statutes (1989). We find the issue to be identical to that in R.A.H. v. State, 614 *882 So.2d 1189 (Fla. 1st DCA 1993), and we reverse. …

30. In the Interest of E.E.B. v. State 616 So. 2d 183 · DCA92-2633 · District Court of Appeal 1993

    This opinion cites § 39.112 1 time, the section generally

    …Judge. Appellant appeals the denial” of his motion to dismiss a delinquency petition charging escape from a juvenile facility in violation of section 39.112, Florida Statutes (1989). Finding this issue to be identical to that in R.A.H. v. State, 614 So.2d 1189 (Fla. 1st DCA 1993), we reverse. KAHN and…

31. R.J.B. v. State 616 So. 2d 183 · DCA92-2632 · District Court of Appeal 1993

    This opinion cites § 39.112 1 time, the section generally

    …as a delinquent child, based on a delinquency petition *184 charging him with escaping on May 22, 1992 from a halfway house in violation of Section 39.112, Florida Statutes (1989). In that the essential facts in the case at bar are practically identical to those in R.A.H. v. State, 614 So.2d 1189 (Fla. 1st…

32. In the Interest of J.O.S. v. State 616 So. 2d 184 · DCA92-3222 · District Court of Appeal 1993

    This opinion cites § 39.112 1 time, the section generally

    …Judge. Appellant appeals the denial of his motion to dismiss a delinquency petition charging escape from a juvenile facility in violation of section 39.112, Florida Statutes (1989). Finding this issue to be identical to that in R.A.H. v. State, 614 So.2d 1189 (Fla. 1st DCA 1993), we reverse. • MINER and…

33. Dyer v. State 534 So. 2d 843 · 5D87-2060 · 5th DCA 1988

    This opinion cites § 39.112 1 time, the section generally

    · cited by 9 in all courts

    …5th DCA 1988) (sentence remanded for correction so as to conform to oral pronouncement). Burglary of a dwelling is a second degree felony whereas section 39.112, Fla. Stat. lists escape from a juvenile facility as a third degree felony. [2] Community control is a "harsh and more severe alternative to ordinary…

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