C.H., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2009-03-25
No. 4D08-908
GROSS, C.J. and DAMOORGIAN, J., concur.
4 So. 3d 794 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 1 case

Opinion of the Court
FARMER, J.

FARMER, J.

The issue raised in this juvenile delinquency appeal is identical to the one raised in our recent decision in E.E. v. State, — So.3d-, 34 Fla. L. Weekly D534, 2009 WL 605399 (Fla. 4th DCA Mar. 11, 2009). As we did there, we reverse the disposition imposed in this case under the authority of E.A.R. v. State, 4 So.3d 614, 2009 WL 217979 (Fla. Jan. 30, 2009), and remand with instructions to hold a new disposition hearing complying with E.A.R. The court is free to require an updated PDR, and all parties should be allowed to present new evidence and argument for the ultimate disposition.

GROSS, C.J. and DAMOORGIAN, J., concur.


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  • D.R.R. v. State, 94 So. 3d 680 (Fla. 4th DCA 2012)
    …al court may again impose a Level 8 commitment if it is able to make the findings required by E.A.R. The court may require an updated predisposition report, and the parties should be permitted to present new evidence and argument. See C.H. v. State, 4 So. 3d 794 (Fla. 4th DCA 2009). Reversed and remanded for a new disposition hearing. GROSS and CONNER, JJ., concur. . We can find no basis for this finding in the record.…

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