L.A.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court must obtain a restrictiveness level recommendation from the Department of Juvenile Justice before imposing a commitment order if it rejects the Department's initial recommendation.
A juvenile pleaded guilty to reckless driving and was subject to a commitment order. The Department of Juvenile Justice recommended community control,…
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PER CURIAM.
Appellant, a juvenile, seeks review of an order of commitment following his guilty plea for reckless driving. He argues that the trial court erred by failing to obtain a restrictiveness level recommendation from the Department of Juvenile Justice (Department). We agree and reverse.
The Department’s pre-disposition report recommended that appellant be placed on community control. The trial court rejected the Department’s recommendation and imposed a low risk commitment without obtaining a further recommendation from the Department as to a restrietiveness level as required by section 39.052(4)(e)2, Florida Statutes (Supp.1996). See S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). This was error. Accordingly, we reverse the order of commitment and remand for further proceedings consistent with this opinion. We again certify the following as a question of great public importance:
DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON SPECIFIC REASONS, HAVE AUTHORITY TO REJECT THE DEPARTMENT’S COMMUNITY CONTROL RECOMMENDATION WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?
See E.D.P. v. State, 23 Fla.L.Weekly D348, — So. 2d -, 1998 WL 25483 (Fla. 1st DCA Jan. 27, 1998), review pending, No. 92,345 (Fla. Feb. 11, 1998); see also P.A. v. State, 23 Fla.L.Weekly D429, — So. 2d -, 1998 WL 31505 (Fla. 1st DCA Jan. 30, 1998), review pending, No. 92,344 (Fla. Feb. 11, 1998); L.R.J. v. State, 706 So. 2d 72 (Fla. 1st DCA 1998).
REVERSED AND REMANDED. MICKLE and DAVIS, JJ., and McDONALD, PARKER L., Senior Judge, concur.
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State v. E.D.P., 724 So. 2d 1144 (Fla. 1998)…st favorably to the accused. See § 775.021(1), Fla. Stat. (1995). . See also J.L.T. v. State, 23 Fla. L. Weekly D1650, 717 So. 2d 69 (Fla. 1st DCA 1998); J.P.C. v. State, 712 So. 2d 1229 (Fla. 1st DCA 1998); L.A.S. v. State, 23 Fla. L. Weekly D789, 720 So. 2d 534 (Fla. 1st DCA 1998); L.R.J. v. State, 706 So. 2d 72, 73 (Fla. 1st DCA 1998); P.A. v. State, 23 Fla. L. Weekly D429, - So. 2d -, 1998 WL 31505 (Fla. 1st DCA Jan.30, 1998); A.L.W. v. State, 22 Fla. L. Weekly D2227, — So. 2d -, 1997 WL 578660 (Fla. 1st…
Authorities Cited
- In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996)
- L.R.J. v. State, 706 So. 2d 72 (Fla. 1st DCA 1998)