R.K., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a juvenile cannot be committed without the trial court first considering a predisposition report.
[1] A trial court commits reversible error by making a disposition of a juvenile case without first considering a predisposition report.
[2] A predisposition report must be prepared and reviewed by the trial judge prior to the commitment of a juvenile.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceFollowing an adjudicatory hearing where appellant was found guilty, the trial court ordered a predisposition report. However, at the disposition heari…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Predisposition Report (Pdr) cases and more on FLexlaw
SHAHOOD, J.
The sole issue presented in this appeal is whether the trial court erred in committing appellant, a juvenile, in the absence of a predisposition report. We reverse and remand for a new disposition hearing.
Following an adjudicatory hearing, the trial court found appellant guilty as charged in the Petition.1 The court ordered a predisposition report (PDR), specifically asking the Department of Juvenile Justice Department to determine whether sexual offender placement was required in this case in order to protect the public.
A disposition hearing was held December 20, 2001. The court announced that a PDR had not been completed by the Department by the time of the hearing. Notwithstanding this fact, the court nevertheless entered an Order of Disposition and Commitment to the Department.
Appellee, State of Florida, concedes, and we agree, that a predisposition report must be prepared and reviewed by the trial judge prior to the commitment of a juvenile. See B.B. v. State, 718 So. 2d 399 (Fla. 4th DCA 1998) (before committing juvenile to the Department following adjudication of delinquency, trial court was required to consider predisposition report; record did not demonstrate that juvenile knowingly waived his right to PDR.). See tion 985.229(2), Florida Statutes (2001), provides that: “The court shall consider the child’s entire assessment and predisposition report and shall review the records of earlier judicial proceedings prior to making a final disposition of the case.” Hence, it is reversible error for the trial court to make a disposition in a case without first considering the predisposition report. See B.B. v. State, 647 So. 2d 268, 269 (Fla. 4th DCA 1994).
We accordingly reverse and remand for a new disposition hearing after the completion of a predisposition report by the Department of Juvenile Justice.
REVERSED AND REMANDED.
POLEN, C.J., and GROSS, JJ., concur. . Lewd and lascivious molestation on a child under the age of 12 by an offender under the age of 18 and sexual battery on a child under the age of 12 by a perpetrator under the age of 18.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
B.A.B. v. State, 853 So. 2d 554 (Fla. 1st DCA 2003)…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 the trial court informs the juvenile of his or her rights and confirms that the juvenile understands the significance of the waiver. K.D.G. v. State, 787 So. 2d 56, 57 (Fla.…
-
State v. J.L., 863 So. 2d 430 (Fla. 4th DCA 2003)…court erred in failing to order and consider a predisposition report before making a final disposition in this case, the state relied on section 985.229(2), Florida Statutes, B.B. v. State, 647 So. 2d 268, 269 (Fla. 4th DCA 1994), and R.K. v. State, 834 So. 2d 358, 359 (Fla. 4th DCA 2003). Section 985.229(2), Florida Statutes, provides that: The court shall consider the child’s entire assessment and predisposition report and shall review the records of earlier judicial proceedings prior to making a final dis…
Authorities Cited
- In the Interest of B.B. v. State, 647 So. 2d 268 (Fla. 4th DCA 1994)
- B.B. v. State, 718 So. 2d 399 (Fla. 4th DCA 1998)