M.B., a child, Appellant, v. STATE (1998)

District Court of Appeal of Florida,Fourth District.

M.B., a child, Appellant, v. STATE of Florida, Appellee.

No. 98-0217.

Decided: November 18, 1998

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

The trial court adjudicated M.B. delinquent and placed him on community control with the condition that he perform seventy-five hours of community service. M.B.'s sentence was imposed without consideration of a predisposition report, and the record contains no evidence that M.B. waived consideration of a predisposition report.

We affirm the adjudication of delinquency entered in this case. However, we reverse the disposition and remand for a new disposition hearing with directions to the trial court to either obtain appellant's knowing and intelligent waiver of a predisposition report on the record or order and consider a predisposition report prior to final disposition in this matter. See A.H. v. State, 708 So.2d 1043 (Fla. 4th DCA 1998).

AFFIRMED IN PART; REVERSED IN PART and REMANDED WITH DIRECTIONS.

PER CURIAM.

DELL, SHAHOOD and GROSS, JJ., concur.

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