Legal Opinion

C.D.C. v. State

District Court of Appeal of Florida

Decided March 1, 2017No. 4D15-4227PublishedCited by 3 opinions

1Opinion of the CourtGerber, J.

The juvenile appeals from his disposition after being found guilty of sexual battery on a person twelve years old or older. He argues the trial court violated his right to due process by conducting a disposition hearing in his absence, in violation of Florida Rulé of Juvenile Procedure 8.100(a) (2015), which states: “Unless otherwise provided, the following provisions apply to all hearings ... [t]he child shall be present unless the court finds that the child’s mental or physical condition is such that a court appearance is not in the child’s best interests.” We agree with the juvenile’s…

2Cases cited2 opinions

  1. Timothy Lee Hurst v. State of FloridaSupreme Court of Florida · 2016
  2. S.M. v. StateDistrict Court of Appeal of Florida · 2014

3Cited by3 opinions

  1. Birlkey v. StateDistrict Court of Appeal of Florida · 2017
  2. KANDACE M. WILLIAMS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2017
  3. UREL A. BARRETT v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2023

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