Orlando Criminal Lawyer - The Fischer Law Blog

Friday, May 1, 2009

Judge denies Defendant's Motion to Terminate Jurisdiction

(See previous post for procedural history)

In State v. A.S. I filed a Motion to Terminate Jurisdiction, arguing that Fla. Stat. 985.0301(5)(a) gives the Court jurisdiction over a Child only until their 19th birthday. In this case, since the Child recently turned 19, the Court was without jurisdiction to amend the Child's previous sentence.

The prosecutor argued that Fla. Stat. 985.0301(5)(c) was the subsection giving the court jurisdiction until the Child turns 21, because subsectin (5)(a) provides for jurisdiction over a juvenile who is alleged to have commmitted a delinquent act only until 19, but once they have been adjudicated delinquent and committed to the Dept. of Juvenile Justice (DJJ) the court has jurisdiction until the Child is 21.

In this case, since A.S. was adjudicated delinquent while he was still 18, the Court ruled that it had jurisdiction over him until 21, or until discharged by DJJ. Rather than granting the State's Motion to Extend Jurisdiction, the Court simply clarified their existing Order that the Child was subject to the court's jurisdiciton until A.S.'s 21st birthday or until he was discharged by DJJ. The court cited M.A. v. State, 959 So. 2d 380 (Fla. Dist. Ct. App. 4th Dist. 2007) as precedent.

Orlando Criminal Lawyer

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