Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

J.M. v. State692 So. 2d 308 (Fla. 4th DCA 1997) · 4D96-1525

Court
4th DCA
Decided
1997-04-30
On CourtListener
692 So.2d 308 (1997)

J.M., a child, Appellant,
v.
STATE of Florida, Appellee.

Nos. 96-1525, 96-1619.

District Court of Appeal of Florida, Fourth District.

April 30, 1997.

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

In this consolidated appeal, J.M., a minor, appeals his adjudication as a delinquent for aggravated assault of a police officer and burglary of a conveyance and his commitment to a level six residential facility. We affirm appellant's convictions and his adjudication as a delinquent.

The state concedes that the trial court erred in failing to make requisite findings before sentencing appellant. Section 39.052(4)(e) 1., Florida Statutes (1995), formerly section 39.052(3)(e)1., provides:

If the court determines that the child should be adjudicated as having committed a delinquent act and should be committed to the department, such determination shall be in writing or on the record of the hearing. The determination shall include a specific finding of the reasons for the decision to adjudicate and to commit the child to the department.

The court's failure to make specific findings before adjudicating appellant delinquent and committing him constitutes reversible error. See J.R.C. v. State, No. 95-02560, 1997 WL 118236 (Fla. 2d DCA Mar.14, 1997); M.S.M. v. State, 639 So.2d 189, 190 (Fla. 2d DCA 1994).

Accordingly, we reverse and remand for a new disposition hearing with leave to the trial court to again sentence appellant to a level six facility after providing requisite reasons for the sentence.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

GUNTHER, C.J., and DELL and FARMER, JJ., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.