M.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in failing to express reasons for adjudication and commitment and in failing to consider a predisposition report.
A juvenile was adjudicated delinquent and committed. The juvenile appealed, arguing the trial court failed to comply with statutory requirements.…
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THREADGILL, Judge.
M.H., a juvenile, appeals an order of adjudication of delinquency and commitment to the Department of Health and Rehabilitative Services (HRS). He contends that the order must be reversed because the trial court failed in three instances to comply with the requirements of chapter 39, Florida Statutes (1991). We reverse on two grounds.
First, the trial court erred in failing to express reasons for the adjudication and commitment. Second, the trial court erred in failing to consider a predisposition report before the adjudication and commitment. These disposition procedures are required by subsections 39.052(3)(a) and (e)1, Florida Statutes, (1991), and failure to strictly comply with them is reversible error. See R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA), rev. denied, 601 So. 2d 553 (Fla.1992).
Although the order notes that the appellant waived the predisposition report, the record does not reflect the waiver. Therefore if the appellant knowingly and intelligently waives the predisposition report upon remand, he shall make the waiver on the record.
We find no error in the trial court’s failure to specify a duration for the appellant’s commitment. The appellant will reach age nineteen before the maximum adult term, for which he could have been committed, expires. Therefore his term, by operation of law, will last until his nineteenth birthday. See E.J. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992); §§ 39.054(4) and 39.054(1)(a)5, Fla.Stat. (1991).
Reversed and remanded.
FRANK, C.J., and HALL, J., concur.
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T.J. v. State, 743 So. 2d 1158 (Fla. 2d DCA 1999)…ion order must recite that community control may not extend beyond the child’s nineteenth birthday. See C.D.D., 684 So. 2d 866; C.P., 674 So. 2d 183; M.T.H. v. State, 676 So. 2d 77; M.V., 507 So. 2d 1166; F.R., 473 So. 2d 785. But see M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993). This court [*1160] did not require the order to contain a factual determination of the child’s date of birth, but merely a recitation of the content of the relevant statute. We now recede from these cases to the extent that they…1 / 2
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J.M. v. State, 677 So. 2d 890 (Fla. 3d DCA 1996)…osition in this ease, the disposition order should be affirmed. Two districts have decided cases which assume, without discussion, that the choice of disposition can be appealed. See P.D.W. v. State, 621 So. 2d 739 (Fla. 2d DCA 1993); M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993); K.R. v. State, 584 So. 2d 1132 (Fla. 5th DCA 1991); I.H. v. State, 584 So. 2d 230 (Fla. 5th DCA 1991); T.H. v. State, 573 So. 2d 1090 (Fla. 5th DCA 1991). Those cases do not discuss the question whether paragraph 39.052(3)(k) pre…1 / 2
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In the Interest of B.B. v. State, 647 So. 2d 268 (Fla. 4th DCA 1994)…red in making a disposition in this ease without first considering a predisposition report. See § 39.052(3)(a), Fla.Stat. (1993). Failure to consider a predisposition report prior to disposition in a juvenile case is reversible error. M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993). Although consideration of a predisposition report is necessary under the statute, we agree with M.H. v. State that the report may be knowingly and intelligently waived. In the present case, the trial court’s order noted that appe…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- E.J. v. State, 595 So. 2d 282 (Fla. 1st DCA 1992)
- R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992)