A.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile, A.M., appeals her delinquency adjudication for lewd and lascivious molestation and false imprisonment. Although the appellate court found sufficient evidence to support the adjudication, it vacated the order and remanded because the trial court failed to enter written findings, conduct a proper disposition hearing, and enter separate disposition orders for each offense.
Although sufficient evidence supported the delinquency adjudication, the trial court's failure to enter written findings, conduct a proper disposition hearing, and enter separate disposition orders for each offense constituted reversible error requiring remand. Aiding and abetting liability for lewd and lascivious molestation was properly established under Florida Statutes section 777.011.
[1] Evidence of physical restraint is sufficient to support a finding of false imprisonment.
[2] Principal liability may be imposed for a crime when a defendant intends for the crime to be committed and assists the perpetrators.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the evidence demonstrated that A.M. intended for the crime to be committed and she assisted the actual perpetrators in committing the crime”
Establishes that aiding and abetting liability under section 777.011 was properly found for lewd and lascivious molestation.
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Join FLexlaw to unlock all legal intelligenceA.M. held down the victim's body, hands, and legs while other juveniles fondled the victim's breasts. The victim's testimony established A.M.'s physic…
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PALMER, J.
A.M., a juvenile, appeals the trial court’s order adjudicating her delinquent based upon the finding that she committed the crimes of lewd and lascivious molestation and false imprisonment.1 The charges were based upon evidence that A.M. held the victim’s body, hands, and legs down while other juveniles fondled the victim’s breasts. Although the evidence presented at the hearing was sufficient to support A.M.’s delinquency adjudication, we must vacate the instant delinquency order and remand this matter to the trial court with directions to enter written findings supporting its adjudication, to conduct a proper disposition hearing, and to enter separate dispositions orders for each delinquent act adjudicated.
A.M. raises a multitude of claims of error; however, only five merit discussion. She first argues that insufficient evidence was presented to sustain the adjudication of guilt. We disagree. The victim’s testimony was sufficient to support a finding that A.M. was guilty of committing the crime of false imprisonment by her physical restraint of the victim during the attack. As for the crime of lewd and lascivious molestation, section 777.011 of the Florida Statutes (1999) authorizes the imposition of principal liability in this case since the evidence demonstrated that A.M. intended for the crime to be committed and she assisted the actual perpetrators in committing the crime. See Giniebra v. State, 787 So. 2d 51 (Fla. 2d DCA 2001).
A.M. also argues that the trial court violated her substantive due process rights when, in imposing sentence upon her, the court relied on a disposition report which inaccurately stated her prior record. However, the record demonstrates that any inaccuracy in her pre-disposition report was harmless, since the recommended placement was based solely upon the serious nature of her crimes, not her prior record.
A.M. next argues that the trial court reversibly erred by failing to comply with section 985.228(5) of the Florida Statutes (1999) which requires the court to incorporate written findings in its adjudication order briefly stating the facts upon which the finding of guilt is based. We agree. Reversible error occurs when the trial court fails to set forth specific written findings regarding its reasons to adjudicate and commit a juvenile. See V.T. v. State, 782 So. 2d 928 (Fla. 2d DCA 2001); see also A.P.v. State, 718 So. 2d 951 (Fla. 5th DCA 1998). Although the trial court set forth oral findings of fact on the record which were sufficient to support the delinquency adjudication, remand is necessary so the trial court can enter a written order setting forth those findings.
A.M. further contends that reversal of her disposition order is required because the trial court improperly utilized a single disposition order for adjudicating both offenses. We agree. In D.P. v. State, 780 So. 2d 414 (Fla. 5th DCA 1999), this court ruled that the trial court is required to enter a separate disposition order for each delinquent act adjudicated. Accordingly, this matter must be remanded for the trial court to enter separate disposition orders for each of A.M.’s delinquency adjudications.
Lastly, A.M. maintains that the trial court violated section 985.23(l)(a) of the Florida Statutes by failing to explain to A.M. and her mother that they had a right to be heard, and by failing to afford A.M. and her mother an opportunity to be heard before announcing disposition. A.M. further claims that the trial court violated section 985.23(l)(c) of the Florida Statutes (1999) which requires the court to engage in a discussion with the child before entering a disposition order.2 Since the trial court failed to strictly comply with the terms of these two statutes, the case must be remanded so that a proper disposition hearing can be held.
Adjudication of delinquency VACATED, and cause REMANDED for further proceedings consistent with this opinion.
SHARP, W., and PLEUS, JJ., concur. . §§ 800.04(5)(d); 787.02; Fla. Stat. (1999).
. Although this claim was not raised in the trial court, any error related to the trial court’s failure to comply with the terms of the statute can be raised for the first time on appeal. See K.O. v. State, 765 So. 2d 901 (Fla. 5th DCA 2000).
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McCaw v. State, 395 So. 3d 1065 (Fla. 4th DCA 2024)…–82 (emphasis added) (quoting R.J.K. v. State, 928 So. 2d 499, 503 (Fla. 2d DCA 2006)). Courts have held that a defendant can be convicted of lewd or lascivious molestation by applying the principal theory under section 777.011. See A.M. v. State, 792 So. 2d 638, 639 (Fla. 5th DCA 2001). In A.M., the defendant was found to have committed lewd or lascivious molestation based on evidence that she held the victim down while other juveniles fondled the victim’s breasts. Id. The evidence supported the finding…
Authorities Cited
- K.O. v. State, 765 So. 2d 901 (Fla. 5th DCA 2000)
- Giniebra v. State, 787 So. 2d 51 (Fla. 2d DCA 2001)
- A.P. v. State, 718 So. 2d 951 (Fla. 5th DCA 1998)
- V.T. v. State, 782 So. 2d 928 (Fla. 2d DCA 2001)