S.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellant’s juvenile disposition order which withheld adjudication of delinquency failed to specify the length of the appellant’s two terms of probation, including whether they are to be served consecutively or concurrently. The appellant was entitled to be informed of the length of her probation. See N.W. v. State, 767 So.2d 446 (Fla.2000); J.M.W. v. State, 935 So.2d 630 (Fla. 2d DCA 2006). Because the trial court did not file its order ruling on the appellant’s Florida Rule of Juvenile Procedure 8.135(b)(2) mo*1154tion to clarify the disposition order until more than thirty days after the motion was filed, the amended final disposition order filed January 9, 2009, is a nullity. See D.D.M. v. State, 979 So.2d 1131 (Fla. 1st DCA 2008); O.H. v. State, 948 So.2d 79 (Fla. 2d DCA 2007). Thus, the disposition order is reversed and the case is remanded for entry of a corrected order.
ALLEN, WOLF, and DAVIS, JJ., concur.
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K.O. v. State, 228 So. 3d 162 (Fla. 1st DCA 2016)…trial court did not address the length of time Appellant is to serve on probation or whether the probation is indefinite. In addition, the juvenile court did not make a notation of the length of probation time on the written Order. In S.T. v. State, 8 So. 3d 1153, 1154 (Fla. 1st DCA 2009), this court remanded for entry of a corrected order to specify the length of the appellant’s probation. See J.M.W. v. State, 935 So. 2d 630, 632 (Fla. 2d DCA 2006) (appellant was entitled to be informed of the length of pro…
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D.B. v. State (Fla. 1st DCA 2021)…ng a Motion to Correct Disposition Error with the trial court. C.f. A.L.B. v. State, 23 So. 3d 190, 191 (Fla. 1st DCA 2009). This Court has held that an “appellant [is] entitled to be informed of the length of [his or her] probation.” S.T. v. State, 8 So. 3d 1153, 1153 (Fla. 1st DCA 2009). We reverse the Final Disposition Order and remand the case for entry of a corrected order. REVERSED and REMANDED. ROBERTS and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and…
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J.H. v. State (Fla. 1st DCA 2022)…on. D.L.J. v. State, 765 So. 2d 740, 742 (Fla. 1st DCA 2000). However, a disposition is legally insufficient where a court orders a term of probation but fails to indicate whether the probation is indefinite or for a fixed period. See S.T. v. State, 8 So. 3d 1153, 1153 (Fla. 1st DCA 2009); J.M.W. v. State, 935 So. 2d 630, 632 (Fla. 2d DCA 2006). Thus, the lower court erred by failing to either indicate Appellant’s probation was for an indeterminate period or state the specific length of time of Appellant’s p…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- N.W. v. State, 767 So. 2d 446 (Fla. 2000)
- Tirrell Tyrone Palmer v. State, 935 So. 2d 630 (Fla. 1st DCA 2006)
- O.H. v. State, 948 So. 2d 79 (Fla. 2d DCA 2007)
- LAB Invs., Inc. v. Residential Funding Corp., 979 So. 2d 1131 (Fla. 1st DCA 2008)
- D.D.M. v. State, 979 So. 2d 1131 (Fla. 1st DCA 2008)