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D.V. v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Apr 26, 2017
No. 4D15-1876 (Fla. Dist. Ct. App. Apr. 26, 2017)

Opinion

No. 4D15-1876

04-26-2017

D.V., a child, Appellant, v. STATE OF FLORIDA, Appellee.

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.


ON THE STATE OF FLORIDA'S MOTION FOR REHEARING AND CLARIFICATION Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Charles A. Schwab, Judge; L.T. Case No. 56-2015-CJ-000204-A. Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee. PER CURIAM.

We deny the State's motion for rehearing and grant the motion for clarification. At oral argument, we were given the mistaken information that the juvenile was no longer in custody; now we are informed that he is still in the custody of the Department of Juvenile Justice at the Okeechobee Youth Development Center.

We therefore withdraw the final paragraph of the original panel opinion and substitute the following.

Based on the foregoing, we reverse the disposition order and the child's placement in a maximum risk facility. The child shall be released to the detention center in the 19th Judicial Circuit pending a detention hearing for placement pending the new disposition. The case is remanded to the
circuit court for the imposition of a new disposition in accordance with section 985.01(c), Florida Statutes (2016): "[t]o provide an environment that fosters healthy social, emotional, intellectual, educational, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care."

The Department of Juvenile Justice shall prepare an updated predisposition report for the trial court's use in developing a plan of probation, pursuant to sections 985.0301(5)(b)1 and 985.433(7)(c) & (9), Florida Statutes (2016). If possible, the juvenile's probation shall be transferred to Pennsylvania, pursuant to the Interstate Compact on Juveniles, section 985.801, Florida Statutes, et seq.

All proceedings on remand shall be handled by a circuit judge other than the judge who imposed the sentence in this case.
GROSS, MAY and DAMOORGIAN, JJ., concur.

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Summaries of

D.V. v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Apr 26, 2017
No. 4D15-1876 (Fla. Dist. Ct. App. Apr. 26, 2017)
Case details for

D.V. v. State

Case Details

Full title:D.V., a child, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Apr 26, 2017

Citations

No. 4D15-1876 (Fla. Dist. Ct. App. Apr. 26, 2017)