CHARLES DROTZUR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In a case of first impression, the court held that while hearsay evidence is admissible in waiver of jurisdiction hearings, an involuntary waiver to adult criminal court requires substantial direct inculpatory evidence against the juvenile, not hearsay alone.
Hearsay evidence is admissible in a waiver of jurisdiction hearing, but an involuntary waiver to adult criminal court requires substantial direct inculpatory evidence, not hearsay alone.
[1] In a waiver of jurisdiction hearing under Florida law, hearsay evidence alone is insufficient to support an involuntary waiver of a juvenile to adult criminal court; subs…
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Join FLexlaw to unlock all legal intelligence“hearsay evidence is admissible in a waiver of jurisdiction hearing but that to support an involuntary waiver there must be substantial direct inculpatory evidence against the accused before jurisdiction can be waived for criminal prosecution”
The court's holding on the admissibility and sufficiency of evidence in waiver hearings.
A juvenile was involuntarily waived to adult criminal court based on hearsay testimony and documentary evidence in a waiver of jurisdiction hearing.…
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DAUKSCH, Judge.
This appeal concerns a juvenile entitled to the protections and considerations of Chapter 39, Florida Statutes (1977) being involuntarily waived to the adult criminal court for trial and punishment as an adult. Under the provisions of Section 39.09, Florida Statutes (1977) and the applicable Florida Rules of Juvenile Procedure, certain procedures must be followed before a juvenile can be tried as an adult. The procedure here is governed by Florida Rules of Juvenile Procedure 8.110(b) (1975) which rule has been amended, but we do not limit our holding in this case to that rule because a substantive right is involved ultimately in our holding. The question is whether in a Waiver of Jurisdiction hearing, the court may rely solely upon hearsay testimony and documentary evidence to support an allegation that an offense was committed by the juvenile. We hold, in this case of first impression, that hearsay evidence is admissible in a waiver of jurisdiction hearing but that to support an involuntary waiver there must be substantial direct inculpatory evidence against the accused before jurisdiction can be waived for criminal prosecution. Hearsay evidence by itself is not sufficient under the juvenile procedure rules nor is it under Section 39.09(2)(c)(4), Florida Statutes (1977).
The order waiving jurisdiction and all subsequent proceedings are reversed and this cause is remanded for proceedings consistent with this opinion.
REVERSED and REMANDED.
LETTS and BERANEK, JJ., concur.
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Kazakoff v. State, 642 So. 2d 596 (Fla. 2d DCA 1994)…eficient because it was based on hearsay and did not adequately address some of the other six criteria. Our review of the record convinces us that the order was based on "substantial direct inculpatory evidence against [Kazakoff].” Drotzur v. State, 372 So. 2d 515, 516 (Fla. 4th DCA 1979). We also conclude that the order, [*599] when read in its entirety, reflects the trial court properly considered and evaluated all of the other criteria. See W.B. v. State, 313 So. 2d 711 (Fla.1975); Leonard v. State, 522 So…