71 So. 3d 202
Fla. Dist. Ct. App.2011Background
- J.H., a 14-year-old, pled no contest to lewd or lascivious conduct.
- At the initial disposition, the court orally sentenced probation until age 19 and 23 hours of community service in lieu of court costs.
- The court signed DJJ’s proposed plan and proceeded with other cases after sentencing.
- Fourteen minutes later, the court recalled the matter to address a perceived omission in the commitment staffing.
- A second disposition hearing was scheduled after the staffing, and the DJJ proposed residential treatment in a moderate-risk program.
- At the second disposition, the court imposed three years in a level six program plus 23 hours of community service and added 20 hours of community service not included in the first order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second disposition violated double jeopardy | J.H. had begun serving probation; jeopardy attached. | The original sentence was invalid due to missing predisposition report/comprehensive evaluation. | Second disposition violated double jeopardy; reverse and reinstate initial disposition. |
| Whether the original disposition was valid despite the predisposition report issue | A later, complete predisposition report and comprehensive evaluation existed; not a qualifying defect. | Original sentencing improper because predisposition report lacked comprehensive evaluation at sentencing time. | Original sentence valid; not reversible on the predisposition report issue. |
Key Cases Cited
- K.D. v. State, 911 So.2d 885 (Fla. 1st DCA 2005) (remands where predisposition report lacked complete evaluation as of report date)
- Ashley v. State, 850 So.2d 1265 (Fla. 2003) (double jeopardy when sentencing enhanced after jeopardy attaches)
- Gardner v. State, 30 So.3d 629 (Fla. 2d DCA 2010) (resentencing after jeopardy attaches violates double jeopardy)
- T.D.D. v. State, 981 So.2d 674 (Fla. 2d DCA 2008) (second disposition order reversal; new order consistent with original pronouncement)
- Obara v. State, 958 So.2d 1019 (Fla. 5th DCA 2007) (jeopardy concerns when actions occur shortly after initial sentence)
- Shepard v. State, 940 So.2d 545 (Fla. 5th DCA 2006) (double jeopardy when court altered sentence after hearing concluded)
- I.B. v. State, 771 So.2d 1258 (Fla. 4th DCA 2000) (jeopardy when disposition set aside and resentenced after sentence served)