J.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the minor's adjudication as delinquent for aggravated assault and burglary but reversed and remanded for resentencing because the trial court failed to make specific written findings of reasons before commitment.
A trial court must make specific written findings of reasons before adjudicating a child delinquent and committing him to the department.
[1] A trial court's failure to make specific written findings of reasons before adjudicating a child delinquent and committing him to the department constitutes reversible er…
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Join FLexlaw to unlock all legal intelligenceJ.M., a minor, was adjudicated delinquent for aggravated assault of a police officer and burglary of a conveyance and committed to a level six residen…
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PER CURIAM.
In this consolidated appeal, J.M., a minor, appeals his adjudication as a delinquent for aggravated assault of a police officer and burglary of a conveyance and his commitment to a level six residential facility. We affirm appellant’s convictions and his adjudication as a delinquent.
The state concedes that the trial court erred in failing to make requisite findings before sentencing appellant. Section 39.052(4)(e) 1., Florida Statutes (1995), formerly section 39.052(3)(e)l., provides:
If the court determines that the child should be adjudicated as having committed a delinquent act and should be committed to the department, such determination shall be in writing or on the record of the hearing. The determination shall include a specific finding of the reasons for the decision to adjudicate and to commit the child to the department.
The court’s failure to make specific findings before adjudicating appellant delinquent and committing him constitutes reversible error. See J.R.C. v. State, No. 95-02560, 1997 WL 118236 (Fla. 2d DCA Mar.14, 1997); M.S.M. v. State, 639 So. 2d 189, 190 (Fla. 2d DCA 1994).
Accordingly, we reverse and remand for a new disposition hearing with leave to the trial court to again sentence appellant to a level six facility after providing requisite reasons for the sentence.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
GUNTHER, C.J., and DELL and FARMER, JJ., concur.
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Y.J. v. State, 874 So. 2d 688 (Fla. 4th DCA 2004)…this issue. For the reasons stated above, we affirm the adjudication of delinquency and disposition entered by the trial court. AFFIRMED. GUNTHER and STEVENSON, JJ., concur. . See T.N. v. State, 786 So. 2d 655 (Fla. 4th DCA 2001); J.M. v. State, 692 So. 2d 308 (Fla. 4th DCA 1997).…
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T.N. v. State, 786 So. 2d 655 (Fla. 4th DCA 2001)…y or in writing, as a predicate for the adjudication and commitment as mandated by section 985.23, Florida Statutes. Failure to make required findings before adjudication and commitment of a juvenile constitutes reversible error. See J.M. v. State, 692 So. 2d 308 (Fla. 4th DCA 1997). In R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992), applying section 39.09(3)(e), Florida Statutes, a predecessor to section 985.23 requiring findings on adjudication of delinquency and commitment to HRS, the court held that…
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F.H. v. State, 700 So. 2d 177 (Fla. 4th DCA 1997)…ing with leave to the trial court to again adjudicate appellant and sentence him to a level six facility after stating on the record or in writing the reasons for such a sentence. See § 39.052(4)(e)1., Fla. Stat. (Supp.1996); see also J.M. v. State, 692 So. 2d 308 (Fla. 4th DCA 1997). GLICKSTEIN ’ POLEN and GROSS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Railton v. Robbie William Railton, 639 So. 2d 189 (Fla. 2d DCA 1994)