I.H. v. State
I.H. v. State
Opinion of the Court
Appellant appeals his adjudication of delinquency for robbery
Section 39.09(3)(c)4 provides that, before the trial court determines and announces the disposition to be imposed, the court shall give all parties at the hearing an opportunity to comment on the issue of disposition and any proposed rehabilitation plan. Those parties include, if present, the child’s parents and counsel. The trial court refused to allow the appellant and his mother to address the court before it determined and announced its disposition in this matter. This refusal constituted error. T.H. v. State, 573 So.2d 1090, 1091 (Fla. 5th DCA 1991).
The state filed a cross-appeal in this matter challenging an evidentiary ruling issued by the trial court. Because we affirm the trial court’s order of adjudication, review of this issue is unnecessary.
Adjudication AFFIRMED; commitment REVERSED; cause REMANDED.
. § 812.13(2)(c), Fla.Stat. (1989).
Reference
- Full Case Name
- I.H., a child, Appellant/Cross-Appellee v. STATE of Florida, Appellee/Cross-Appellant
- Cited By
- 11 cases
- Status
- Published