G.V., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that oral findings on the record are sufficient for disposition orders, but separate orders are required for each offense.
[1] Disposition orders for multiple offenses must be separate and specify the degree of each offense, the maximum penalty, and the commitment duration.
[2] Oral findings of fact made on the record of a hearing are sufficient to comply with statutory and rule requirements for disposition orders, even if written findings are n…
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Join FLexlaw to unlock all legal intelligenceG.V. was adjudicated guilty of simple battery and resisting arrest without violence. He was committed to a residential program.…
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FULMER, Judge.
G.V. was charged by a delinquency petition with simple battery and resisting arrest without violence. G.V. admitted the resisting arrest allegation but proceeded to an adjudicatory hearing on the battery charge. He was found guilty of battery and after a disposition hearing on both charges, he was committed to a low risk residential program. We affirm the adjudication and disposition for both charges, but we reverse the disposition order and remand for correction.
On remand, as the State concedes, the trial court must enter separate disposition orders for each offense. The disposition orders must specify the degree of the offense, the maximum penalty, and that the commitment is limited to one year, the maximum adult sentence for each of the first-degree misdemeanors. See J.D.C. v. State, 841 So. 2d 642 (Fla. 2d DCA 2003); F.N.S. v. State, 807 So. 2d 758 (Fla. 1st DCA 2002).
G.V. also argues that the disposition order is deficient for the additional reason that the trial judge did not enter written findings of the facts upon which the adjudication is based. G.V. cites to section 985.228(5), Florida Statutes (2001), and Florida Rule of Juvenile Procedure 8.115(c)(4) for the proposition that written findings are required. Section 985.228(5) is not controlling because it addresses adjudicatory orders, not disposition orders. Rule 8.115(c)(4) does address disposition orders and states that the disposition order shall “make all findings of fact required by law.” The statutory law applicable to disposition orders is section 985.23, which requires specific findings on the reasons for the decision to adjudicate and commit the child to the department. However, those findings may be made either “in writing or on the record of the hearing.” We conclude that the oral findings made in the record are sufficient to comply with section 985.23 and rule 8.115(c)(4).
Accordingly, we reverse the disposition order entered and remand to the trial court with directions to enter new disposition orders consistent with this opinion.
Reversed and remanded.
NORTHCUTT and CASANUEVA, JJ., Concur.
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Citator
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D.B. v. State, 114 So. 3d 1121 (Fla. 2d DCA 2013)…er of disposition “state the disposition of each count, specifying the charge title, degree of offense, and maximum penalty defined by statute and specifying the amount of time served in secure detention before disposition”); see also G.V. v. State, 863 So. 2d 1271 (Fla. 2d DCA 2004). Accordingly, we affirm D.B.’s adjudications of delinquency, but we reverse the amended disposition orders and remand for correction of the orders in accordance with this opinion. Affirmed in part; reversed in part; and remanded…
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M.L.J. v. State, 93 So. 3d 348 (Fla. 2d DCA 2012)…R. Juv. P. 8.115(d); W.S.G. v. State, 32 So. 3d 725, 726 (Fla. 2d DCA 2010) (holding that entering one order of commitment in two separate cases constituted error and reiterating that each case requires a separate disposition order); G.V. v. State, 863 So. 2d 1271, 1272 (Fla. 2d DCA 2004) (reversing and remanding for entry of separate disposition orders). M.L.J. preserved this issue by filing a motion to correct disposition error which was deemed denied when not ruled upon within thirty days by the trial cour…
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W.S.G. v. State, 32 So. 3d 725 (Fla. 2d DCA 2010)…ing one order of commitment in two separate cases. We find this was also error because under then-existing rule 8.115(c), “[ejach case requires a separate disposition order.”1 See A.R. v. State, 27 So. 3d 774, 775 (Fla. 2d DCA 2010); G.V. v. State, 863 So. 2d 1271, 1272 (Fla. 2d DCA 2004). Accordingly, we reverse the original disposition order and remand to the juvenile court for the entry of new, separate disposition oz'ders in each case that properly reflect the juvenile court’s oral pronouncement. [*727] A…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- J.D.C. v. State, 841 So. 2d 642 (Fla. 2d DCA 2003)
- Lewis v. State, 807 So. 2d 758 (Fla. 1st DCA 2002)
- F.N.S. v. State, 807 So. 2d 758 (Fla. 1st DCA 2002)