V.J.C. v. State

District Court of Appeal of Florida

V.J.C. v. State

838 So. 2d 632, 2003 Fla. App. LEXIS 2412, 2003 WL 553981

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 2003

DocketNo. 2D01-5123

StatusPublished

This text of 838 So. 2d 632 (V.J.C. 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

V.J.C. v. State, 838 So. 2d 632, 2003 Fla. App. LEXIS 2412, 2003 WL 553981 (Fla. Ct. App. 2003).

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Opinion

WHATLEY, Judge.

V.J.C. appeals the disposition order committing him to the Department of Juvenile Justice at a moderate risk placement, which is a residential commitment disposition. He contends that the trial court erred in not ordering and reviewing a predisposition report before determining his disposition.

Section 985.229(1), Florida Statutes (2001), requires that a trial court order a predisposition report for any child for whom a residential commitment disposition is recommended. There is no indication in the record that such a report was ordered in this case. The State argues that the trial court’s statements at the disposition hearing indicating that it knew the recommendation of the Department reveals that a predisposition report was considered by the court. We do not agree that the court’s statements support such a conclusion. The State also notes that it obtained a copy of the predisposition report prepared for this case from the Pasco County State Attorney’s Office. Setting aside the question of why the State did not supplement the record with this report, the fact that a predisposition report on V.J.C.' exists also does not support the conclusion that the trial court reviewed the report before deciding V.J.C.’s disposition.

Accordingly, we reverse and remand with directions that a new disposition hearing be conducted in strict compliance with section 985.229.

Reversed and remanded.

NORTH CUTT and STRINGER, JJ., Concur.

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WHATLEY, Judge.

V.J.C. appeals the disposition order committing him to the Department of Juvenile Justice at a moderate risk placement, which is a residential commitment disposition. He contends that the trial court erred in not ordering and reviewing a predisposition report before determining his disposition.

Section 985.229(1), Florida Statutes (2001), requires that a trial court order a predisposition report for any child for whom a residential commitment disposition is recommended. There is no indication in the record that such a report was ordered in this case. The State argues that the trial court’s statements at the disposition hearing indicating that it knew the recommendation of the Department reveals that a predisposition report was considered by the court. We do not agree that the court’s statements support such a conclusion. The State also notes that it obtained a copy of the predisposition report prepared for this case from the Pasco County State Attorney’s Office. Setting aside the question of why the State did not supplement the record with this report, the fact that a predisposition report on V.J.C.' exists also does not support the conclusion that the trial court reviewed the report before deciding V.J.C.’s disposition.

Accordingly, we reverse and remand with directions that a new disposition hearing be conducted in strict compliance with section 985.229.

Reversed and remanded.

NORTH CUTT and STRINGER, JJ., Concur.

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Bluebook (online)

838 So. 2d 632, 2003 Fla. App. LEXIS 2412, 2003 WL 553981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vjc-v-state-fladistctapp-2003.