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State v. S.A.

Florida Court of Appeals, Fifth District

October 25, 2019

STATE OF FLORIDA, Appellant,
v.
S.A., A CHILD, Appellee.

         NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

          Appeal from the Circuit Court for Orange County, Timothy R. Shea, Judge.

          Ashley Moody, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellant.

          Davi Toole, Office of Criminal Conflict & Civil Regional Counsel, Casselberry, for Appellee.

          HARRIS, J.

         The State timely appeals S.A.'s sentence, arguing that the trial court erred when, contrary to section 790.22(9), Florida Statutes (2018), it credited S.A. with time served in detention prior to adjudication. Because the fifteen-day minimum detention period is mandatory and the trial court lacked discretion to credit S.A. with time served, we reverse.

         The State charged S.A. with improper exhibition of a firearm, discharging a firearm in public, and possession of a firearm by a minor. She ultimately entered into a plea agreement, the terms of which included twelve months of supervised probation, a withhold of adjudication, a driver's license suspension, community service, counseling, and fifteen days in juvenile detention. The court was advised that, prior to entering the plea, S.A. already served thirty days in juvenile detention. The State argued that because the offense involved the use and possession of a firearm, this was S.A.'s first offense, and S.A. was not committed to a residential program, the statute prohibited credit for time served. Notwithstanding the State's argument, the court credited S.A. with fifteen days' time served.

         The language in the controlling statute under which S.A. was sentenced is clear. Section 790.22(9), Florida Statutes (2018), provides:

(9) Notwithstanding s. 985.245, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of subsection (3), or an offense during the commission of which the minor possessed a firearm, and the minor is not committed to a residential commitment program of the Department of Juvenile Justice, in addition to any other punishment provided by law, the court shall order:
(a) For a first offense, that the minor shall serve a minimum period of detention of 15 days in a secure detention facility; and
1.Perform 100 hours of community service; and may
2. Be placed on community control or in a nonresidential commitment program.

         (Emphasis added). Section 790.22(9) also provides that "[t]he minor shall not receive credit for time served before adjudication." (Emphasis added).

         Here, the record demonstrates that S.A. pled guilty to an offense that involved the use or possession of a firearm, that this was her first offense involving a firearm, and that she was not committed to a residential program. Therefore, the requirements of the statute are clear-S.A. shall serve a minimum period of detention of fifteen days in a secure detention facility. § 790.22(9), Fla. Stat. (2018); see alsoState v. I.J.,258 So.3d 473, 478 (Fla. 4th DCA 2018); State v. C.R.,959 So.2d 1249, 1250 (Fla. 2d DCA 2007); State v. R.C.S., 837 So.2d 517, 518 (Fla. 3d DCA 2003); State v. S.T., 803 So.2d 782, 783 (Fla. 4th DCA 2001); State v. ...


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