D.V. v. State

216 So. 3d 3, 2017 WL 1076938, 2017 Fla. App. LEXIS 3774
CourtDistrict Court of Appeal of Florida
DecidedMarch 22, 2017
DocketNo. 4D15-1876
StatusPublished
Cited by1 cases

This text of 216 So. 3d 3 (D.V. 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
D.V. v. State, 216 So. 3d 3, 2017 WL 1076938, 2017 Fla. App. LEXIS 3774 (Fla. Ct. App. 2017).

Opinion

Gross, J.

Tolstoy famously wrote that “[a]ll happy families are alike; each unhappy family is unhappy in its own way.” The sad tale of the unhappy family in this case would have challenged the ability of any juvenile judge to do the right thing. In the end, the trial judge imposed a sentence contrary to the notion of juvenile justice set forth in the Florida Statutes and described by the United States and Florida Supreme Courts.

The child appellant was born and raised outside of Florida. He had little contact with his biological father. When the child was 12, his mother died. For a while, the child lived with his maternal grandmother in Pennsylvania.

There came a time when the child moved to Florida to live with his biological father, stepmother, and the stepmother’s children, whom his father had adopted. The living situation deteriorated. The child was depressed. He did poorly in school. He chafed under the rules of the house', which were new to him. The father and the stepmother responded with punishment. They accused him of laziness. One by one, they took away his possessions until he was left with nothing but school work and a spartan bedroom.

The child began to act out. He stole money from a stepbrother’s bedroom. The father and stepmother installed locks on the family’s doors to guard against the child’s thievery. The child accused his father and stepmother of child abuse, which he later retracted. After the abuse allegations, according to the stepmother, the family stopped interacting with the child, “playing with him stopped, conversations were kept to a minimum ... basically he was avoided.” The child remained in Florida.

The child received some psychological treatment and was diagnosed with depression. The father and stepmother did not participate in therapy to the extent desired by the therapist.

One day at school, the child hand wrote a note with a school Mend. The note said:

I, [friend] will be hitman for hire for [child] to murder [stepmother], [father], and [stepbrother]. I am aware that if I do not go through with it I will not get paid. Money in question we agreed upon was 1200 dollars. I will leave in an hour or two within the murder.

The friend signed the note and returned to his school work. The Mend knew the child had a lot of anger toward his father, but thought that the child was “joking around.” They never discussed the note again and the friend gave it no thought. He did not know where the child lived. He did nothing to prepare for the deed described in the note.

Several weeks later, the father found the note in the child’s room in a pants pocket. He called the police.

The child was taken into custody and interrogated for five hours at the police station. The child said a lot of things about his family that people say to therapists but not to police officers. The child did not have $1,200 and a search of his room uncovered no money.

The state charged the child with three counts of solicitation to commit first degree murder, contrary to sections 782.04(1) and 777.04(2), Florida Statutes (2015). The state did not charge the Mend with any crime.

After the presentation of evidence at the delinquency hearing, the trial judge found [6]*6the child guilty as charged. On appeal, the child challenges the sufficiency of the evidence of solicitation. To evaluate such a challenge, an appellate court accords great deference to the trial court on questions of fact, the credibility of witnesses, and the weight given to the evidence. See Blanco v. State, 702 So.2d 1250, 1252 (Fla. 1997). If weight is given to certain portions of the child’s interrogation and to the stepmother’s testimony, there is legally sufficient evidence to support the guilty verdict. See J.WJ. v. State, 994 So.2d 1223, 1224 (Fla. 1st DOA 2008). We therefore affirm the trial court’s findings of delinquency.

The Disposition Hearing

The Department of Juvenile Justice (“DJJ”) submitted a predisposition report recommending supervised probation along with individual, group, and family therapy. Due to the child’s history of self-harm, it was deemed important for those around the child to monitor his symptoms and levels of depression. The report stated that the child would benefit from “intensive outpatient services that [provide] mental health treatment” and aside from his “behavior/attitude,” there was no reason the child could not be “successful in an academic setting.”

According to the Positive Achievement Change Tool (“PACT”), the child was at a moderate risk to re-offend. The child had no previous delinquency history. The DJJ asserted he “should be afforded the opportunity to receive community based services.” The evaluation observed that the child had “significant mental health issues which [could] be addressed via outpatient therapy.” If the child was permitted to live with his grandmother, she could monitor him closely and ensure his participation in any outpatient treatment.

The DJJ also recommended that the child’s “family actively participate in therapy.” The father refused to do so, but the grandmother was willing to participate and offer the necessary support. The DJJ advised that it could submit an “Interstate Compact application” for the grandmother and the court could conduct status review hearings. For these reasons, the DJJ recommended probation with adjudication withheld.

If the court disagreed with the probation recommendation, then the DJJ recommended a non-secure residential program to meet the child’s “intensive mental health needs,” Since the child had never been to a residential program, the DJJ stated he “need[ed] to begin his stay at the least restrictive level.”

This recommendation was consistent with documentation from the child’s Baker Acts, which indicated-that the father refused to participate in therapy sessions and no one in the family called or visited the child. A psychiatrist opined that “going home to his father and stepmother is an unsafe placement for” the child.

The Grandmother’s Testimony

The child’s grandmother testified. A month after the child moved to Florida, the father and stepmother cut off the grandmother’s communication with the child; they refused to let her visit the child in Florida. She offered to take the child back to live with her in Pennsylvania. She was willing to provide the psychological care that the DJJ had recommended in the report.

The grandmother offered a lengthy letter from the stepmother. In it, the stepmother’s dislike for the child and his maternal family is palpable—his presence had destroyed the stepmother’s happy family dynamic.

Testimony from Detention Center Staff

A variety of employees from the regional juvenile detention center, where the [7]*7child had been held the previous 50 days, testified on his behalf.

The designated mental health counselor had 20 years of experience in dealing with abused children. She first met the child when he arrived at the detention center and she interacted with him every day. She described the child as “different than most of the youth we get in the detention center”; he was anxious and withdrawn, characteristic of a child who had never before been detained. The child showed signs that he had been abused or traumatized.

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Related

D.L.T., A CHILD v. STATE OF FLORIDA
275 So. 3d 651 (District Court of Appeal of Florida, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
216 So. 3d 3, 2017 WL 1076938, 2017 Fla. App. LEXIS 3774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dv-v-state-fladistctapp-2017.