R.A.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that section 924.051(4), Florida Statutes (Supp.1996), does not apply in juvenile delinquency proceedings.
A juvenile appellant challenged a commitment order entered after a plea of nolo contendere, arguing the trial judge erred by not obtaining a restricti…
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PER curiam:.
The juvenile appellant in this delinquency proceeding challenges the order of commitment entered following a plea of nolo contendere. He argues that the trial judge erred when he failed 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 of his failure to comply with section 924.051(4), Florida Statutes (Supp.1996). Although the court in I.T. held that section 924.34 applies in juvenile delinquency proceedings, the court did not hold that chapter 924 is applicable generally in such proceedings. Based upon our decision in T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997), we reject the appellee’s contention that section 924.051(4) applies in juvenile delinquency proceedings. But we believe the appellee’s argument presents an issue of great public importance. We therefore certify the following question to the supreme court:
DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS?
The order of commitment is reversed and this case is remanded to the trial court for a new disposition hearing.
ALLEN, WEBSTER and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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State v. T.M.B., 716 So. 2d 269 (Fla. 1998)…. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997), and consolidated cases wherein the district court certified the following question: DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS? R.A.M. v. State, 695 So. 2d 1308, 1309 (Fla. 1st DCA 1997). We have jurisdiction. Art. V., § 3(b)(4), Fla. Const. We answer in the negative and approve T.M.B. Respondents pled either guilty or nolo con-tendere in juvenile delinquency proceedings and attempted to appeal the final o…
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D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)…(community control) recommendation and commit a juvenile without considering a restrictiveness 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…
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Rico L. Cargle v. State, 701 So. 2d 359 (Fla. 1st DCA 1997)…la.) to suggest a contrary intent on the part of the legislature.” T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997). Accord J.M.J. v. State, 22 Fla. L. Weekly D1673, — So. 2d -, 1997 WL 369951 (Fla. 1st DCA [*361] July 7, 1997); R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997) (certifying question of whether section 924.051(4), Florida Statutes (Supp.1996), applies in juvenile delinquency proceedings); G.S.C. v. State, 22 Fla. L. Weekly D1672, — So. 2d - (Fla. 1st DCA July 7, 1997); K.A.S. v. State, 22…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- I.T. v. State, 694 So. 2d 720 (Fla. 1997)
- In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996)
- T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997)
- J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997)
- Reeder v. State, 688 So. 2d 458 (Fla. 1st DCA 1997)