Legal Opinion

M.B. v. State

District Court of Appeal of Florida

Decided March 4, 1998No. 96-02440PublishedCited by 2 opinions

1Opinion of the Court

FRANK, Judge.

M.B. contends in this Anders1 appeal that the trial court erred in finding the evidence sufficient to adjudicate him guilty of battery. We reject that contention and affirm the adjudication. We note, however, that the community control aspect of the order reflects that adjudication was withheld and places M.B. under supervision for an indeterminate length of time. The scrivener’s error should be corrected on remand. Furthermore, the duration of community control can be no greater than the available term of imprisonment for the statutory maximum. In this case, because the offense…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. M.G. v. StateDistrict Court of Appeal of Florida · 1997
  3. M.S. v. StateDistrict Court of Appeal of Florida · 1997

3Cited by2 opinions

  1. Dunkin v. StateDistrict Court of Appeal of Florida · 1998
  2. G.E.H. v. StateDistrict Court of Appeal of Florida · 1999

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