CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 14541
...We agree that the State’s right to appeal in juvenile delinquency cases is “conferred and strictly governed by statute,” E.N. v. State,
484 So.2d 1210 , 1211 (Fla.1986); State v. S.S.,
40 So.3d 6 (Fla. 4th DCA 2010), and find that we have jurisdiction under two separate statutes: section
985.433(7)(b) and section
985.534(b)5., Florida Statutes (2009)....
...Second, A.C.’s narrow construction of the statute would lead to the absurd result of the State being able to appeal modifications from one restrictiveness level to another, but not from one restrictiveness level to probation. In addition, jurisdiction is established under section 985.534(l)(b)5., which gives the State authority to appeal “[t]he disposition, on the ground that it is illegal.” A.C....
...disposition order suspending or mitigating the disposition; and (2) the order is not an illegal disposition without stated reasons for departure, but a legal order suspending or mitigating disposition, for which no reasons are necessary. Admittedly, section 985.534(l)(b)5....
...The appellate court disagreed, finding that the order under review was appealable under section
924.07(l)(e), Florida Statutes (1987), which authorizes the state to appeal “[t]he sentence, on the ground that it is *1244 illegal”. That section is analogous to section
985.534(l)(b)5....
...State,
592 So.2d 676 (Fla.1992). We agree with the reasoning in Allen , which this court previously adopted in Buchanan, and conclude that the simultaneous disposition and modification orders are in effect a single disposition order. As such, they are appealable under section
985.534(1)(b)5....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 WL 3808975
...We agree that the State's right to appeal in juvenile delinquency cases is "conferred and strictly governed by statute," E.N. v. State,
484 So.2d 1210, 1211 (Fla.1986); State v. S.S.,
40 So.3d 6 (Fla. 4th DCA 2010), and find that we have jurisdiction under two separate statutes: section
985.433(7)(b) and section
985.534(b)5., Florida Statutes (2009)....
...Second, A.C.'s narrow construction of the statute would lead to the absurd result of the State being able to appeal modifications from one restrictiveness level to another, but not from one restrictiveness level to probation. In addition, jurisdiction is established under section 985.534(1)(b)5., which gives the State authority to appeal "[t]he disposition, on the ground that it is illegal." A.C....
...disposition order suspending or mitigating the disposition; and (2) the order is not an illegal disposition without stated reasons for departure, but a legal order suspending or mitigating disposition, for which no reasons are necessary. Admittedly, section 985.534(1)(b)5....
...The appellate court disagreed, finding that the order under review was appealable under section
924.07(1)(e), Florida Statutes (1987), which authorizes the state to appeal "[t]he sentence, on the ground that it is *1244 illegal". That section is analogous to section
985.534(1)(b)5....
...State,
592 So.2d 676 (Fla.1992). We agree with the reasoning in Allen, which this court previously adopted in Buchanan, and conclude that the simultaneous disposition and modification orders are in effect a single disposition order. As such, they are appealable under section
985.534(1)(b)5....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 WL 2382598
...Before we address the issue raised on appeal, we must address the jurisdiction of this court to review the trial court order. The State's right to appeal a final order in a juvenile delinquency proceeding is purely statutory. State v. M.K.,
786 So.2d 24, 25 (Fla. 1st DCA 2001). Section
985.534(1)(b), Florida Statutes (2009), provides a list of orders from which the State may appeal....
...A judgment discharging a child on habeas corpus; 7. An order adjudicating a child insane under the Florida Rules of Juvenile Procedure; and 8. All other preadjudicatory hearings, except that the state may not take more than one appeal under this subsection in any case. § 985.534(1)(b), Fla....
...TAYLOR, J., concurring in part and dissenting in part. I disagree with the majority's position that the state does not have the right to appeal the trial court's order vacating the plea and judgment in this case. The state should be able to appeal the order pursuant to section 985.534(1)(b)(2), Florida Statutes (2009) and Rule 9.145(c)(1)(C), Fla....
CopyPublished | Florida 1st District Court of Appeal
...appeals from orders
finding a juvenile defendant incompetent to proceed, do not allow the State to
challenge the trial court’s ruling on secure placement.
The order at issue here qualifies as one from a “preadjudicatory hearing[ ],”
section 985.534(1)(b)8., Florida Statutes (2007), but it is nonfinal....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 14703, 2015 WL 5752615
...ting state appeals from orders finding a juvenile defendant incompetent to proceed, do not allow the State to challenge the trial court’s ruling on secure placement. The order at issue here qualifies as one from a “preadjudicatory hearing! ],” section 985.534(l)(b)8., Florida Statutes (2007), but it is nonfinal....
CopyPublished | Florida 6th District Court of Appeal
...alleges here is not preserved for our review. As his sole basis
for reversal, I.R. argues: “The trial court erred in denying Appellant’s motion for
2
Section
924.051, Florida Statutes, applies to cases involving juveniles. See
§
985.534(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...We affirm the order without
comment but write to address our jurisdiction, which we must assess in
every case. See Polk County v. Sofka,
702 So. 2d 1243, 1245 (Fla. 1997);
Philip J. Padovano, Florida Appellate Practice, § 1.5 (2018 ed.).
This appeal is before us pursuant to section
985.534(1)(b)1, Florida
Statutes (2023), and Florida Rule of Appellate Procedure 9.145(c)(1)(A).
Both permit the State to appeal an order dismissing a petition for
delinquency. See §
985.534(1)(b)1; Fla....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 8654
...Before we address the issue raised on appeal, we must address the jurisdiction of this court to review the trial court order. The State’s right to appeal a final order in a juvenile delinquency proceeding is purely statutory. State v. M.K.,
786 So.2d 24, 25 (Fla. 1st DCA 2001). Section
985.534(l)(b), Florida Statutes (2009), provides a list of orders from which the State may appeal....
...A judgment discharging a child on habeas corpus; 7. An order adjudicating a child insane under the Florida Rules of Juvenile Procedure; and 8. All other preadjudicatory hearings, except that the state may not take more than one appeal under this subsection in any case. § 985.534(l)(b), Fla....
