Jethrow Davila v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: June 12, 2026
• Docket: 5D2025-1303
• Status: Published

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 5D2025-1303 LT Case No. 59-2019-CF-3870-A _____________________________

JETHROW DAVILA,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Seminole County. Melissa D. Souto, Judge.

Thomas C. Greene, Sanford, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Tabitha Mills, Assistant Attorney General, Daytona Beach, for Appellee.

June 12, 2026

PER CURIAM.

Appellant correctly asserts that the trial court abused its discretion by denying his petition to seal his criminal record history because the court’s order failed to state specific reasons for denying the petition based on all the facts and circumstances of the case. See Gotowala v. State, 184 So. 3d 568, 569–70 (Fla. 4th DCA 2016); accord Lazard v. State, 229 So. 3d 439, 441 (Fla. 5th DCA 2017); Grey v. State, 199 So. 3d 988, 990 (Fla. 4th DCA 2016). Accordingly, we reverse and remand with directions that the trial court either grant the petition or provide specific reasons, based on all the facts and circumstances, for denying the petition. See J.F.T. v. State, 301 So. 3d 497, 498 (Fla. 5th DCA 2020); Cole v. State, 941 So. 2d 549, 551 (Fla. 1st DCA 2006).

REVERSED and REMANDED.

JAY, C.J., and EDWARDS and HARRIS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________