E.J.J., A JUVENILE v. THE STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: February 22, 2023
• Docket: 22-0849
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 22, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-849 Lower Tribunal No. 21-1162 ________________

E.J.J., A Juvenile, Appellant,

vs.

The State of Florida, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Dawn Denaro, Judge.

Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Christina L. Dominguez, Assistant Attorney General, for appellee.

Before LOGUE, MILLER, and BOKOR, JJ.

PER CURIAM. Affirmed. L.S. v. State, 346 So. 3d 42, 46 (Fla. 4th DCA 2022) (quoting

§ 985.433(4)(c), Fla. Stat. (2021)) (holding trial court did not commit

fundamental error when it did not inquire “about a juvenile’s ‘feelings about

the offense committed, the harm caused to the victim or others, and what

penalty he or she should be required to pay for such transgression,’” as

required by statute, where juvenile was not denied opportunity to be heard);

cf. M.A.L. v. State, 110 So. 3d 493, 496 (Fla. 4th DCA 2013) (holding

fundamental error where trial court wholly failed to give juvenile and her

father an opportunity to comment on issue of disposition prior to court’s

determination); A.P. v. State, 666 So. 2d 211, 211 (Fla. 2d DCA 1995)

(reversing and remanding adjudication of delinquency and disposition where

juvenile’s counsel notified court as to juvenile and his mother’s presence,

and “[t]he trial court refused to allow the child or his mother to speak”).