604 So. 2d 1255

J.G., A Child, Appellant, v. STATE of Florida, Appellee.

No. 91-2662.

District Court of Appeal of Florida, Fifth District.

Sept. 4, 1992.

*1256James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Poster, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

J.G. appeals from a judgment and sentence for indirect contempt. On appeal, J.G. argues that the trial court erred in holding him in contempt of court for a violation of community control.1 J.G. also argues that he should not have been placed in secure detention for contempt of court.

Contempt is an appropriate sanction for violation of community control. Department of Health and Rehabilitative Services v. State, J.L.B., 599 So.2d 123 (Fla. 5th DCA 1992). See also R.M.P. v. Jones, 419 So.2d 618 (Fla.1982); O.W. v. Byrd, 461 So.2d 967 (Fla. 5th DCA 1984). However, the Florida Supreme Court has recently held that a juvenile may not be incarcerated for contempt of court by being placed in secure detention facilities. A.A. v. Rolle, 604 So.2d 813 (Fla.1992). Accordingly, we affirm the judgment of contempt, but, reverse the sentence and remand for further proceedings, if any are necessary, consistent with A.A.2

AFFIRMED in part; REVERSED in part; REMANDED.

W. SHARP, HARRIS and GRIFFIN, JJ„ concur.

J.G. v. State
604 So. 2d 1255

Case Details

Name
J.G. v. State
Decision Date
Sep 4, 1992
Citations

604 So. 2d 1255

Jurisdiction
Florida

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