Opinion

P.D.W. v. State

  • 621 So. 2d 739
  • 1993 Fla. App. LEXIS 6742
Court
District Court of Appeal of Florida
Filed
Jun 23, 1993
Status
Published
Author
Patterson
On the bench
Danahy, Lehan, Patterson
Cited by
9 cases
Authority
More cited than 96.7%

The opinion

PATTERSON, Judge.

In this juvenile proceeding, the trial court failed to follow the proper procedure pursuant to section 39.052(3)(e)(l), Florida Statutes (1991), for adjudicating the appellant as having committed a delinquent act and committing him to the Department of Health and Rehabilitative Services (HRS). Strict compliance with the provisions of section 39.052(3)(e) is mandatory and failure to comply constitutes reversible error. See R.G.S. v. State, 597 So.2d 816 (Fla. 2d DCA) (interpreting former section 39.-09(3)(e), Florida Statutes (1989)), review denied, 601 So.2d 553 (Fla.1992). Here, neither the written order of commitment nor the transcript of the hearing revealed the specific reasons for the trial court’s decision to adjudicate and commit the appellant to HRS. Therefore, we reverse the appellant’s adjudication and commitment to HRS and remand the case for a new disposition hearing. Based on the resolution of this issue, we do not reach the appellant’s other arguments.

Reversed and remanded.

DANAHY, A.C.J., and LEHAN, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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