IN THE INTEREST OF S.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
A juvenile court found appellant guilty of battery on a law enforcement officer and of resisting an officer with violence. The Department of Juvenile Justice filed a predisposition report recommending that appellant be placed on community control. The trial court rejected the Department’s recommendation and, without receiving a further recommendation as to a restrictiveness level, imposed a moderate risk (level 6) commitment. We reverse and remand because section 39.052(4)(e)2., Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering a commitment.
MINER, ALLEN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (28 total)
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K.Y.L. and N.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997)…Ct. 2275, 114 L.Ed.2d 726 (1991); Hubler v. State, 458 So. 2d 350 (Fla. 1st DCA 1984). The trial judge also erred in failing to secure the recommendation specified by section 39.052(4)(e)2 prior to making his commitment decision. See S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). Accordingly, the commitment orders are vacated and the case is remanded. MINER and MICKLE, JJ., concur.…
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R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997)…level from the Department of Juvenile Justice after he rejected the department’s recommendation of community control. The appellant is entitled to relief under decisions such as J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997), and S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). Nevertheless, the appellee relies upon I.T. v. State, 694 So. 2d 720 (Fla.1997), in arguing that the appellant is precluded from raising the issue presented here because of his failure to comply with section 924.051(4), Florid…
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D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)…ourt has held in this regard that community control is not a “restrictiveness level.” See R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA), reh’g granted, 698 So. 2d 1225 (Fla.1997); J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997); S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). We disagree, however, with the First District’s interpretation of the statute. We do not believe the statute requires the court, once it has already rejected the Department’s non-commitment recommendation, to then ask the Depar…
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