B.D.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court committed reversible error by failing to obtain a recommendation regarding restrictiveness level from the Department of Juvenile Justice after rejecting their recommendation. The court also rejected the state's argument that the appeal was precluded by statute.
A juvenile pleaded guilty and was committed. The trial court rejected the Department of Juvenile Justice's recommendation for community control but fa…
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PER CURIAM.
In this juvenile delinquency proceeding, appellant seeks review of an order of commitment entered following a guilty plea. He argues that the trial court committed reversible error when it failed to obtain a recommendation regarding restrictiveness level from the Department of Juvenile Justice after it rejected the Department’s recommendation of community control. We have repeatedly held that juveniles making such a claim on appeal are entitled to relief. E. g., M.J.P. v. State, 22 Fla. L. Weekly D2090, — So. 2d -, 1997 WL 536011 (Fla. 1st DCA Sept.3, 1997), review pending, No. 91,406 (Fla. Sept. 17, 1997); A.L. v. State, 22 Fla. L. Weekly D1834, — So. 2d -, 1997 WL 423087 (Fla. 1st DCA July 29, 1997), review pending, No. 91,129 (Fla. July 31, 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).
The state responds that appellant is precluded from raising this issue because he failed to comply with section 924.051(4), Florida Statutes (Supp.1996). We have repeatedly rejected this argument. E. g., J.M.J. v. State, 22 Fla. L. Weekly D1673, — So. 2d - (Fla. 1st DCA July 7, 1997), review granted, 698 So. 2d 1225 (Fla.1997); R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997), review granted, 698 So. 2d 1225 (Fla.1997); T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997), review granted, 698 So. 2d 1225 (Fla.1997). We again reject the argument. However, as in J.M.J. and R.A.M., we certify the following question to the supreme court, as one of great public importance:
DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS?
The order of commitment is reversed, and the case is remanded to the trial court with directions to hold a new disposition hearing.
REVERSED and REMANDED, with directions.
ALLEN and WEBSTER, JJ., concur. MINER, J., concurs in result.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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A.H.D. v. State, 715 So. 2d 1145 (Fla. 5th DCA 1998)…rd the reasons for its deviation from the Department’s recommendation. D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA), rev. granted, 717 So. 2d 530 (Fla.1998). In doing so, we certify conflict with the first district’s position in B.D.W. v. State, 701 So. 2d 629 (Fla. 1st DCA 1997), approved on other grounds, 717 So. 2d 460 (Fla.1998); R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA), approved on other grounds sub nom., State v. T.M.B., 716 So. 2d 269 (Fla.1998). AFFIRMED. DAUKSCH and HARRIS, JJ., concur…
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State v. B.D.W., 717 So. 2d 460 (Fla. 1998)…SHAW, Justice. We have for review B.D.W. v. State, 701 So. 2d 629 (Fla. 1st DCA 1997), wherein the district court certified the same question before this court in State v. T.M.B., 716 So. 2d 269 (Fla.1998): DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS? We have…
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A.H.D. v. State, 728 So. 2d 743 (Fla. 1999)…PER CURIAM. We have for review A.H.D. v. State, 715 So. 2d 1145 (Fla. 5th DCA 1998), based on conflict with B.D.W. v. State, 701 So. 2d 629 (Fla. 1st DCA 1997), approved on other grounds, 717 So. 2d 460 (Fla.1998), and R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997), approved on other grounds sub nom., State v. T.M.B., 716 So. 2d 269 (Fla. 1998). We have jurisdiction. Art. V, § 3(b…
Authorities Cited
- In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996)
- R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997)
- 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)