M. P.
v.
STATE OF FLORIDA
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A juvenile's failure to object at the time of disposition and failure to file a motion to correct disposition error pursuant to Florida Rule of Juvenile Procedure 8.135(b) precludes consideration of disposition errors on direct appeal, even if fundamental.
[1] A juvenile's failure to object to a disposition order at the time of disposition and failure to file a motion to correct the disposition error pursuant to Florida Rule of…
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Join FLexlaw to unlock all legal intelligence“Although failure to comply with E.A.R. constitutes fundamental error, the absence of any objection at the time of disposition, followed by the failure to file a motion to correct a disposition error pursuant to Florida Rule of Juvenile Procedure 8.135(b), precludes consideration even of fundamental disposition errors on direct appeal.”
Court's explanation of the procedural bar to raising disposition errors on appeal
M.P., a child, appealed a disposition order from the Circuit Court for Hillsborough County. The record indicates no objection was made at the time of …
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
M.P., a child,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 2D2022-4209
July 17, 2024
Appeal from the Circuit Court for Hillsborough County; Robert Bauman, Judge.
Howard L. Dimmig, II, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and J. Wade Stidham, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
Affirmed without prejudice to any right that M.P. might have to file a motion to correct disposition order pursuant to Florida Rule of Juvenile Procedure 8.135(a) with the trial court. See D.L.T. v. State, 275 So. 3d 651, 652 (Fla. 4th DCA 2019) ("Although failure to comply with E.A.R. [v.
2
State, 4 So. 3d 614 (Fla. 2009),] constitutes fundamental error, the absence of any objection at the time of disposition, followed by the failure to file a motion to correct a disposition error pursuant to Florida Rule of Juvenile Procedure 8.135(b), precludes consideration even of fundamental disposition errors on direct appeal."); see also D.M. v. State, 90 So. 3d 284 (Fla. 2d DCA 2012) (affirming with citation to A.L.B. v. State, 23 So. 3d 190, 191 (Fla. 1st DCA 2009) ("[T]he absence of any objection at the time of sentencing, followed by the failure to file a motion to correct sentencing error before the initial brief was filed, precludes correction even of 'fundamental' sentencing errors on direct appeal.")).
CASANUEVA, KHOUZAM, and LUCAS, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- E.A.R. v. State, 4 So. 3d 614 (Fla. 2009)
- A.L.B. v. State, 23 So. 3d 190 (Fla. 1st DCA 2009)