B.H., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the delinquency adjudication but reversed the commitment order for failure to specify a maximum term, required separate disposition orders for each offense, and vacated the public defender's fee imposed without prior notice.
A trial court must specify a maximum term of commitment, enter separate disposition orders for each offense, and cannot impose a public defender's fee without prior notice in juvenile delinquency proceedings.
[1] A trial court must specify a maximum term of commitment in a juvenile delinquency disposition order.
[2] Separate disposition orders must be entered for each offense to prevent confusion in juvenile proceedings.
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Join FLexlaw to unlock all legal intelligenceThe appellant was adjudicated delinquent on two charges. The trial court entered a single disposition order for both charges and imposed a public defe…
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WARNER, Judge.
We affirm the trial court’s order adjudicating appellant delinquent but reverse the commitment order for correction due to the failure to provide a maximum term of commitment. See C.P. v. State, 669 So. 2d 1147, 1148 (Fla. 4th DCA 1996). In addition, the trial court entered only one disposition order for both charges which appellant was found to have committed. A separate order must be entered for each offense to prevent confusion. See R.L.B. v. State, 703 So. 2d 1245, 1247 (Fla. 5th DCA 1998); J.M.J. v. State, 22 Fla. L. Weekly D1673, D1673 (Fla. 1st DCA July 7, 1997). Finally, the court imposed a public defender’s fee without prior notice. The provisions of the Criminal Appeals Reform Act, Chapter 924, Florida Statutes (1997), which require preservation of sentencing errors, do not apply to juvenile proceedings, see State v. T.M.B., 716 So. 2d 269, 269 (Fla.1998). Thus, we apply supreme court precedent which holds that imposition of a public defender’s fee without prior notice is a violation of due process which may be raised without preservation below. See Henriquez v. State, 545 So. 2d 1340, 1341 (Fla. 1989); Wood v. State, 544 So. 2d 1004, 1005-06 (Fla.1989).
Affirmed in part; reversed in part and remanded for further proceedings.
GUNTHER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
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L.W.G. v. State, 785 So. 2d 696 (Fla. 4th DCA 2001)…maximum sentence allowable by law. We agree. When a trial court adjudicates a juvenile delinquent for more than one offense, separate disposition orders must be entered for each adjudicated offense in order to prevent confusion. See B.H. v. State, 721 So. 2d 1200 (Fla. 4th DCA 1998); see also J.A.L. v. State, 778 So. 2d 408 (Fla. 2d DCA 2001); J.P.C. v. State, 773 So. 2d 112 (Fla. 1st DCA 2000). Moreover, language committing a juvenile for an indeterminate period of time no longer than a specific birthday or…
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I.B. v. State, 806 So. 2d 610 (Fla. 4th DCA 2002)…vision did not have to be orally pronounced because it was in furtherance of rehabilitative component of statute); § 985.231(1)(a), Fla. Stat. (1999). Finally, a separate disposition order for each of the two offenses is required. See B.H. v. State, 721 So. 2d 1200 (Fla. 4th DCA 1998). We, therefore, remand for modification on re-sentencing. With respect to costs incurred, the record reflects that I.B. did have notice and an opportunity to be heard. State v. Beasley, 580 So. 2d 139 (Fla.1991). Further, the r…
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J.W. v. State, 879 So. 2d 680 (Fla. 4th DCA 2004)…ffenses constitute the basis for a delinquency adjudication, separate disposition orders for each offense must be used.” A.V.B. v. State, 715 So. 2d 954 (Fla. 2d DCA 1998). We joined the second district in making this a requirement in B.H. v. State, 721 So. 2d 1200 (Fla. 4th DCA 1998). We now recede from this requirement. We continue to agree with the second district that a trial court must insure the disposition for each offense is clearly delineated in a disposition order. This is critical as the length of…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wood v. State, 544 So. 2d 1004 (Fla. 1989)
- State v. T.M.B., 716 So. 2d 269 (Fla. 1998)
- Henriquez v. State, 545 So. 2d 1340 (Fla. 1989)
- Wuestoff Health Sys., Inc. v. Cape Canaveral Hosp. Dist., 703 So. 2d 1245 (Fla. 5th DCA 1998)
- C.P. v. State, 669 So. 2d 1147 (Fla. 4th DCA 1996)