J.M.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A dissenting judge argues that Florida statutes prohibit appellate review of a trial court's disposition in a juvenile delinquency case, including commitment and restrictiveness level, unless the restrictiveness level differs from the Department's recommendation.
The dissenting judge believes the majority opinion incorrectly reverses the trial court's disposition, as the juvenile delinquency statute expressly forbids appellate review of the chosen disposition.
The trial court adjudicated J.M. delinquent for a lewd act, committed him to the Department of Health and Rehabilitative Services, and ordered a level…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Appellant, a juvenile, seeks review of an order directing that he be held in secure detention pending transfer to a low-risk residential facility following adjudication and disposition for what would have been a first-degree misdemeanor if committed by an adult. The pertinent facts of this appeal are indistinguishable from those in M.L.F. v. State, 21 Fla. L. Weekly D1224, — So. 2d - [1996 WL 262199] (Fla. 1st DCA May 20, 1996). Accordingly, as in M.L.F., we reverse the trial court’s order. Also as in M.L.F., we do not order appellant’s immediate release only because it appears that he is no longer so detained.
REVERSED.
WEBSTER and MICKLE, JJ., and SHIVERS, Senior Judge, concur.