C.H. v. State

District Court of Appeal of Florida

C.H. v. State

4 So. 3d 794, 2009 Fla. App. LEXIS 2504, 2009 WL 763541

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 2009

DocketNo. 4D08-908

StatusPublished

Cited by1 cases

This text of 4 So. 3d 794 (C.H. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C.H. v. State, 4 So. 3d 794, 2009 Fla. App. LEXIS 2504, 2009 WL 763541 (Fla. Ct. App. 2009).

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Opinion

FARMER, J.

The issue raised in this juvenile delinquency appeal is identical to the one raised in our recent decision in E.E. v. State, — So.3d-, 34 Fla. L. Weekly D534, 2009 WL 605399 (Fla. 4th DCA Mar. 11, 2009). As we did there, we reverse the disposition imposed in this case under the authority of E.A.R. v. State, 4 So.3d 614, 2009 WL 217979 (Fla. Jan. 30, 2009), and remand with instructions to hold a new disposition hearing complying with E.A.R. The court is free to require an updated PDR, and all parties should be allowed to present new evidence and argument for the ultimate disposition.

GROSS, C.J. and DAMOORGIAN, J., concur.

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FARMER, J.

The issue raised in this juvenile delinquency appeal is identical to the one raised in our recent decision in E.E. v. State, — So.3d-, 34 Fla. L. Weekly D534, 2009 WL 605399 (Fla. 4th DCA Mar. 11, 2009). As we did there, we reverse the disposition imposed in this case under the authority of E.A.R. v. State, 4 So.3d 614, 2009 WL 217979 (Fla. Jan. 30, 2009), and remand with instructions to hold a new disposition hearing complying with E.A.R. The court is free to require an updated PDR, and all parties should be allowed to present new evidence and argument for the ultimate disposition.

GROSS, C.J. and DAMOORGIAN, J., concur.

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Bluebook (online)

4 So. 3d 794, 2009 Fla. App. LEXIS 2504, 2009 WL 763541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ch-v-state-fladistctapp-2009.

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