Opinion
No. 98-1997
Opinion filed February 12, 1999.
An appeal from the Circuit Court for Escambia County. Edward P. Nickinson, III, Judge.
Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Kristina White, Assistant Attorney General, Tallahassee, for Appellee.
K.M.P. appeals from an order adjudicating him delinquent of offenses which, if he had been an adult, would have constituted two second degree felonies and two second degree misdemeanors. For all four offenses, a single order committed him "for an indeterminate period no longer than the maximum period allowed by law or the youth's 19th birthday." We reverse.
The state does not suggest that entry of the order under review was lawful, only that no error was preserved for appellate review as purportedly required by Florida Rule of Appellate Procedure 9.140(d), as made applicable by Florida Rule of Appellate Procedure 9.145(a). Having explicitly held inA.F. v. State, 718 So.2d 260, 263 (Fla. 1st DCA 1998), "that rule 9.140(d) cannot be applied to limit juvenile appeals," we reject the state's argument. See A.L.W. v. State, 717 So.2d 913, 913 (Fla. 1998); T.M.B. v. State, 716 So.2d 269, 269 (Fla. 1998).
We reverse and remand for entry of a separate order of adjudication for each offense. See A.F. v. State, 718 So.2d at 263; A.L.W. v. State, 22 Fla. L. Weekly D2227, D2227 (Fla. 1st DCA Sept. 16, 1997),approved, 717 So.2d 913 (Fla. 1998); J.M.J. v. State, 22 Fla. L. Weekly D1673, D1673 (Fla. 1st DCA July 7, 1997), approved, T.M.B. v. State, 716 So.2d 269 (Fla. 1998). No commitment for an offense punishable as a second degree misdemeanor when committed by an adult can exceed sixty days. See S.C. v. Peterson, 718 So.2d 220, 221 (Fla. 4th DCA 1998).
Reversed and Remanded.
BOOTH, BENTON, and VAN NORTWICK, JJ., CONCUR.