S.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Alternative Sanctions cases and more on FLexlaw
PER CURIAM.
Appellant, a juvenile, urges that a suspended commitment to a moderate risk residential program as the sanction imposed for indirect contempt violates the requirements of section 39.0145(2), Florida Statutes (Supp. 1994) because the record includes no indication that an alternative sanction was unavailable or inappropriate. We disagree. The lower court explained on the record why he believed the sanction imposed was the appropriate one under this child's particular circumstances. The court is not obliged to review and reject the laundry list of alternatives nor is the court obliged to incant the “unavailable or inappropriate” language of the statute in some conclusory way. The reason he expressed meets the requirements of the statute.
AFFIRMED.
GOSHORN, HARRIS and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
K.C. v. State, 848 So. 2d 1193 (Fla. 2d DCA 2003)…test to two charges of indirect criminal contempt. The trial court ordered that she remain in secure detention until the disposition hearing. At that hearing the trial court adjudged K.C. delinquent on the contempt charges and, citing S.W. v. State, 664 So. 2d 39 (Fla. 5th DCA 1995), committed her to two six-month terms in a moderate risk program, in addition to a sixty-day commitment on the original violation of probation, all terms to be served concurrently. On appeal, K.C. argues that the trial court erre…1 / 2
-
State v. K.C., 873 So. 2d 316 (Fla. 2004)…ticle V, section 3(b)(4), of the Florida Constitution because the Second District Court of Appeal in K.C. v. State, 848 So. 2d 1193 (Fla. 2d DCA 2003), certified potential conflict with the Fifth District Court of Appeal’s decision in S.W. v. State, 664 So. 2d 39 (Fla. 5th DCA 1995). However, we now conclude that these two cases are distinguishable because the statute at issue was amended after the Fifth District’s decision in S.W. Compare § 39.0145, Fla. Stat. (Supp.1994) with § 985.216, Fla. Stat. (2001).…