J.R.M., A CHILD v. STATE OF FLORIDA
228 So. 3d 1147
| Fla. Dist. Ct. App. | 2017Background
- Juvenile defendant charged in five cases; adjudication withheld on multiple counts (trespass, attempted robbery of a conveyance, attempted burglary of a structure or conveyance, battery on an officer, burglary of a conveyance); some charges nolle prossed and cases consolidated on appeal.
- Predisposition report: moderate risk to reoffend, 2.8 GPA, no gang ties, athlete (football/track), substance abuse and family issues; DJJ recommended probation plus continued sports participation and counseling.
- At disposition court withheld adjudication and imposed probation with special conditions including: prohibition from playing sports until making honor roll, attending the judge’s courtroom every Friday during the summer, completion of substance abuse counseling and an anti-theft course, monthly drug testing, apology letters, community service, and no-contact provisions.
- Defense objected at disposition and filed a motion to correct; the trial court later entered a corrected order after its jurisdiction expired for some items; State agreed some disposition entries were inconsistent with plea forms.
- Juvenile appealed arguing three special conditions were illegal: mandatory Friday court attendance (interferes with employment, not related to rehabilitation), ban on sports until honor roll (outside juvenile’s control and not rehabilitative), and requirement to complete both substance abuse and anti-theft courses; also sought correction of inconsistent disposition entries.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Validity of weekly summer court attendance | Violates judicial neutrality; not related to crime or rehabilitation; limits job prospects; due process and supervision problems | Preservation issues; if reviewable, only this condition should be struck | Struck: condition unrelated to offense, future criminality, or rehabilitation; limits employment (remand to strike) |
| Ban on sports until making honor roll | Punitive, outside juvenile’s control, undermines rehabilitation and DJJ recommendation | Condition reasonably related to rehabilitation | Struck: court relied on J.H. persuasive authority; removal from sports not reasonably related to rehabilitation |
| Requirement to complete both substance abuse and anti-theft courses | (Challenged as overbroad) | Related to crime and rehabilitation | Upheld: reasonably related to offense and rehabilitation |
| Accuracy of disposition orders (inconsistent with plea forms) | Orders contain incorrect offense labels and costs; sought correction | State conceded errors; trial court’s late corrections exceeded jurisdiction | Remanded: correct specific disposition entries; prior late correction ineffective due to expired jurisdiction |
Key Cases Cited
- Spano v. State, 60 So. 3d 1108 (Fla. 4th DCA 2011) (standard and limits on special probation conditions)
- Larson v. State, 572 So. 2d 1368 (Fla. 1991) (preservation of illegal probation condition issues despite contemporaneous objection rule)
- E.S.B. v. State, 822 So. 2d 579 (Fla. 1st DCA 2002) (preserving juvenile probation-condition challenges)
- J.H. v. State, 107 So. 3d 1249 (Fla. 1st DCA 2013) (prohibition on juvenile sports participation found not reasonably related to rehabilitation)
- Rodriguez v. State, 378 So. 2d 7 (Fla. 2d DCA 1979) (three-factor test for invalid probation conditions)