K.D.G. v. State

District Court of Appeal of Florida

K.D.G. v. State

787 So. 2d 56, 2001 Fla. App. LEXIS 2024, 2001 WL 173293

CourtDistrict Court of Appeal of Florida

DecidedFebruary 23, 2001

DocketNo. 2D99-3079

StatusPublished

Cited by3 cases

This text of 787 So. 2d 56 (K.D.G. 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

K.D.G. v. State, 787 So. 2d 56, 2001 Fla. App. LEXIS 2024, 2001 WL 173293 (Fla. Ct. App. 2001).

Pincite

Opinion

THREADGILL, Acting Chief Judge.

The appellant, a juvenile, challenges an order adjudicating him delinquent of trespass and committing him to supervision by the Department of Juvenile Justice. He claims the trial court failed to comply with certain statutory requirements. We affirm the adjudication of delinquency, but reverse the disposition.

Section 985.229(1), Florida Statutes (1999), requires a trial court, at the disposition hearing, to order a predisposition report regarding the child’s eligibility for disposition other than by adjudication and commitment to the department. Section 985.229(2) requires the trial court to consider the predisposition report before making a final disposition of the case. Here, the department recommended, and the tri[57]*57al court imposed, a level 6 residential commitment for the appellant. There is no indication in the record, however, that a predisposition report was prepared or considered in this case. The State argues that defense counsel waived this requirement by agreeing with the disposition. The requirement of a predisposition re-poi't, however, may only be waived if the trial court informs the juvenile of his rights and confirms the juvenile understands the significance of the waiver. See B.B. v. State, 718 So.2d 399 (Fla. 4th DCA 1998). There is no evidence in the record that the appellant waived consideration of such a report.

Further, section 985.23(3)(a), Florida Statutes (1999), states that a trial court’s determination that a child should be adjudicated delinquent and committed to the department shall include a specific finding of the reasons for the decision. Strict compliance with this provision is mandatory, and a failure to comply constitutes reversible error. See P.D.W. v. State, 621 So.2d 739 (Fla. 2d DCA 1993). No such finding appears on the record in this case. Because the record does not reflect compliance with these statutory requirements, we affirm the adjudication, but reverse the disposition and remand for a new disposition hearing.

WHATLEY and SILBERMAN, JJ., concur.

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

THREADGILL, Acting Chief Judge.

The appellant, a juvenile, challenges an order adjudicating him delinquent of trespass and committing him to supervision by the Department of Juvenile Justice. He claims the trial court failed to comply with certain statutory requirements. We affirm the adjudication of delinquency, but reverse the disposition.

Section 985.229(1), Florida Statutes (1999), requires a trial court, at the disposition hearing, to order a predisposition report regarding the child’s eligibility for disposition other than by adjudication and commitment to the department. Section 985.229(2) requires the trial court to consider the predisposition report before making a final disposition of the case. Here, the department recommended, and the tri[57]*57al court imposed, a level 6 residential commitment for the appellant. There is no indication in the record, however, that a predisposition report was prepared or considered in this case. The State argues that defense counsel waived this requirement by agreeing with the disposition. The requirement of a predisposition re-poi't, however, may only be waived if the trial court informs the juvenile of his rights and confirms the juvenile understands the significance of the waiver. See B.B. v. State, 718 So.2d 399 (Fla. 4th DCA 1998). There is no evidence in the record that the appellant waived consideration of such a report.

Further, section 985.23(3)(a), Florida Statutes (1999), states that a trial court’s determination that a child should be adjudicated delinquent and committed to the department shall include a specific finding of the reasons for the decision. Strict compliance with this provision is mandatory, and a failure to comply constitutes reversible error. See P.D.W. v. State, 621 So.2d 739 (Fla. 2d DCA 1993). No such finding appears on the record in this case. Because the record does not reflect compliance with these statutory requirements, we affirm the adjudication, but reverse the disposition and remand for a new disposition hearing.

WHATLEY and SILBERMAN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

787 So. 2d 56, 2001 Fla. App. LEXIS 2024, 2001 WL 173293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kdg-v-state-fladistctapp-2001.

Opinion

Related

Cite This Page — Counsel Stack