Legal Opinion · Dissent

B.O. v. State

District Court of Appeal of Florida

Decided November 25, 2009No. 4D08-3682Published

1DissentHazouri, J.

I respectfully dissent. The majority fails to address this court’s holding in State v. S.T., 803 So.2d 782 (Fla. 4th DCA 2001), which involves a factually similar scenario. In that case, the trial court adjudicated a defendant delinquent for the offenses of grand theft and burglary of a dwelling. The only time a firearm appeared during the commission of the crime was when it was “[ajmong the items stolen.” Id. at 782. The trial court did not commit the defendant to fifteen days detention, as required by section 790.22(9); but rather, it credited the defendant with fifteen days for time served…

2Cases cited6 opinions

  1. In Interest of CJWSupreme Court of Florida · 1979
  2. T.M. v. StateDistrict Court of Appeal of Florida · 1997
  3. State v. R.C.S.District Court of Appeal of Florida · 2003
  4. State v. S.T.District Court of Appeal of Florida · 2001
  5. State v. J.Z.District Court of Appeal of Florida · 2007

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