M.C., a juvenile, Appellant, v. STATE (2020)

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.

SCALES, J.