M.C., a Juvenile v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 15, 2020
Docket3D19-0470
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed January 15, 2020.
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No. 3D19-470
Lower Tribunal No. 18-1814
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M.C., a juvenile,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Dawn Denaro,
Judge.
Carlos J. Martinez, Public Defender, and Jonathan Greenberg, Assistant
Public Defender, for appellant.
Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney
General, for appellee.
Before SALTER, SCALES and GORDO, JJ.
SCALES, J.
ON CONFESSION OF ERROR
After finding juvenile defendant M.C. delinquent for burglary of an
unoccupied dwelling and third-degree grand theft, the trial court held the subsequent
disposition hearing without M.C. present in the courtroom. At the time of the
hearing, M.C. was already in Department of Juvenile Justice custody at a facility in
Okeechobee as a result of dispositions in two other cases. Because the disposition
order in the instant case placed M.C. in the same program in Okeechobee, concurrent
to his placement in the other two cases, the trial court did not order M.C. transported
to Miami from the Okeechobee facility for the disposition hearing. M.C. timely
appealed the trial court’s disposition order, and the State commendably has
conceded error.
We understand the trial court’s practical considerations for not having M.C.
transported from the Okeechobee facility to the disposition hearing; nonetheless, a
juvenile defendant has a constitutional right to be present at his or her disposition
hearing. M.A.L. v. State, 110 So. 3d 493, 497 (Fla. 4th DCA 2013). The record does
not reflect that M.C. waived this right. See id.
We therefore reverse the challenged disposition order and remand for a new
disposition hearing, which M.C. shall have the right to attend.
Reversed and remanded with instructions.
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