A.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
A.W., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
706 So. 2d 398
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 2 cases
Opinion of the Court
BLUE, Judge.
A.W. challenges the order adjudicating him delinquent and committing him to the Department of Juvenile Justice. He contends, and the State concedes, that the trial court failed to follow the requirements of section 39.052(4), Florida Statutes (1995). Strict compliance with the statutory requirements is required' in disposition hearings. See M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993); R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992).
Accordingly, we reverse and remand for a new disposition hearing. At the hearing, the court may reimpose the adjudication and commitment if it strictly follows the provisions of section 39.052(4). •
Reversed and remanded.
ALTENBERND, A.C.J., and YOUNG, ROBERT A., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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B.A.B. v. State, 853 So. 2d 554 (Fla. 1st DCA 2003)…. 2d 72, 73 (Fla. 1st DCA 1996) (vacating the disposition order and remanding for a new sentencing hearing because one of the trial court’s errors included adjudicating and sentencing the appellant without considering a PDR); see also A.W. v. State, 706 So. 2d 398, 399 (Fla. 2d DCA 1998). As such, a trial court commits reversible error when it makes a juvenile disposition without first considering a PDR. R.K. v. State, 834 So. 2d 358, 358-59 (Fla. 4th DCA 2003). The PDR requirement may be waived, but only if…
Authorities Cited
- R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992)
- M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993)