Legal Opinion

O.L. v. State

District Court of Appeal of Florida

Decided May 31, 2006No. 4D04-3075Published

1Per curiam

We affirm appellant’s adjudication of delinquency for aggravated battery and simple battery.

We reverse the disposition and remand for a new disposition hearing. Section 985.229(1), Florida Statutes (2004), requires that the court order and consider a predisposition report if residential commitment is “anticipated or recommended by an officer of the court or by the department.” See T.H. v. State, 859 So.2d 549 (Fla. 4th DCA 2003). We also note that the disposition order does not delineate the disposition for each offense and fails to account for credit for time served in a juvenile detention…

2Cases cited2 opinions

  1. J.W. v. StateDistrict Court of Appeal of Florida · 2004
  2. T.H. v. StateDistrict Court of Appeal of Florida · 2003

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