J.R. v. State

Full title: J.R., a juvenile, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: May 16, 2012

86 So. 3d 1292 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D11–2602.

2012-05-16

J.R., a juvenile, Appellant, v. The STATE of Florida, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Abby Cynamon, Judge. Carlos J. Martinez, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Nicholas A. Merlin, Assistant Attorney General, and Joshua Roth, Certified Legal Intern, for appellee.

SHEPHERD

An Appeal from the Circuit Court for Miami–Dade County, Abby Cynamon, Judge.
Carlos J. Martinez, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Nicholas A. Merlin, Assistant Attorney General, and Joshua Roth, Certified Legal Intern, for appellee.
Before SHEPHERD and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

CONFESSION OF ERROR

SHEPHERD, J.

Based on the State's proper and commendable confession of error, we reverse the adjudications of delinquency for fleeing from a police officer and resisting an officer with violence, and remand for a new adjudicatory hearing. See J.R. v. State, 923 So.2d 1269, 1275 (Fla. 1st DCA 2006) (holding that “the rule of sequestration does not authorize excluding a juvenile's parents from hearings in juvenile delinquency proceedings”); see also L.E.D. v. State, 48 So.3d 167 (Fla. 4th DCA 2010).

Reversed and remanded.