2D03-3307 / L.F. v. State

State: Florida

Court: Florida Southern District Court

Docket No: 2D03-3307

Case Date: 01/21/2005

Plaintiff: 2D03-3307 / L.F.

Defendant: State

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT L.F., ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) _________________________________ ) Opinion filed January 21, 2005. Appeal from the Circuit Court for Lee County; Margaret O. Steinbeck and R. Thomas Corbin, Judges. James Marion Moorman, Public Defender, and Robert F. Moeller, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Amanda Lea Colon, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. L.F. contends the evidence was insufficient to support his adjudication of delinquency. We affirm that issue without further discussion. However, we agree with his complaint that the circuit court did not follow the statutorily mandated procedures at

Case No. 2D03-3307

his disposition hearing. Therefore, we reverse the disposition order and remand for a new hearing. The record reveals that the circuit court did not comply with the many specific requirements of section 985.23, Florida Statutes (2003), governing disposition hearings. Failure to honor these statutory provisions is reversible error. See G.V. v. State, 863 So. 2d 1271, 1272 (Fla. 2d DCA 2004); F.W. v. State, 777 So. 2d 1100, 1101 (Fla. 2d DCA 2001); C.B. v. State, 706 So. 2d 925, 926 (Fla. 2d DCA 1998). Moreover, it is unclear from the record whether the court ordered and considered a predisposition report. See

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