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

District Court of Appeal of Florida·Decided March 25, 2009·No. No. 4D08-908·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

4 So. 3d 794 (C.H. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related