J.S. v. State

The appellant, J.S., appeals his adjudication of delinquency. He argues that the trial court’s decision to deny his attorney’s motion to conduct a second deposition of the victim — after the State amended the charges from lewd and lascivious conduct to lewd and lascivious molestation— amounted to an abuse of discretion. Because J.S.’s counsel had a full opportunity to depose the victim on a closely related set of facts, we disagree and affirm.

Florida Rule of Juvenile Procedure 8.060(d)(2)(D) mirrors its adult counterpart and states that “[i]n any case, no person shall be deposed more than…