J.P.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Restrictiveness Level Recommendation cases and more on FLexlaw
PER CURIAM.
Appellant was adjudicated delinquent for committing the offenses of trespass on school grounds and obstructing an officer without violence. The Department of Juvenile Justice had filed a predisposition report recommending Appellant be placed on community control, but the trial court rejected the recommendation and imposed a high risk commitment without receiving a further recommendation from the Department as to a restrictiveness level. This was error. In S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996), we held that “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.” Consequently, we reverse the order of commitment and remand the case for further proceedings consistent with this opinion.
Reversed and Remanded.
WEBSTER, LAWRENCE and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997)…ailed to obtain a recommendation as to restrictiveness 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 o…
-
D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)…ess level recommendation from the Department. The court 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 n…
-
State v. J.P.C., 731 So. 2d 1255 (Fla. 1999)…nts upon which the First District relied in J.P.C.: O.M. v. State, 689 So. 2d 1265 (Fla. 1st DCA 1997), and K.Y.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997), to the extent they are inconsistent with E.D.P. This Court disapproved 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), on the same basis. D.L.B. v. State, 720 So. 2d 202 (Fla.1998). We quashed L.R.J. v. State, 706 So. 2d 72 (Fla. 1st DCA 1998), for the same reason. State v. L.R.J., 720 So. 2…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996)