M.B. v. State

720 So. 2d 321, 1998 Fla. App. LEXIS 14721, 1998 WL 796646

Opinion

PER CURIAM.

The trial court adjudicated M.B. delinquent and placed him on community control with the condition that he perform seventy-five hours of community service. M.B.’s sentence was imposed without consideration of a predisposition report, and the record contains no evidence that M.B. waived consideration of a predisposition report.

We affirm the adjudication of delinquency entered in this case. However, we reverse the disposition and remand for a new disposition hearing with directions to the trial court to either obtain appellant’s knowing and intelligent waiver of a predisposition report on the record or order and consider a predisposition report prior to final disposition in this matter. See A.H. v. State, 708 So.2d 1043 (Fla. 4th DCA 1998).

AFFIRMED IN PART; REVERSED IN PART and REMANDED WITH DIRECTIONS.

DELL, SHAHOOD and GROSS, JJ., concur.