RAYMOND T. DIX, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYMOND T. DIX, III, APPELLANT,
STATE OF FLORIDA, APPELLEE
721 So. 2d 398
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Raymond T. Dix, III, appeals his judgment and sentence for first-degree arson. He also challenges the imposition of certain costs. We affirm the conviction and the portion of his sentence reflecting the imposition of costs, without discussion. The trial court, however, sentenced Dix as a habitual offender without the requisite number of prior convictions. Because Dix was improperly sentenced as a habitual offender, we reverse that portion of his sentence and remand for resentencing.
Affirmed in part, reversed in part, and remanded for proceedings consistent with this opinion.
WHATLEY, A.C.J., and NORTHCUTT and SALCINES, JJ., Concur.
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A.G. v. State, 737 So. 2d 1244 (Fla. 5th DCA 1999)…dings to support its determination and disregards the DJJ’s recommendations without sufficient reasons, or there is no evidence in record that the court has considered the dispositional report, the cause must be reversed and remanded. K.C. v. State, 721 So. 2d 398 (Fla. 2d DCA 1998). Similarly, where the reasons involve a juvenile’s family, or other reasons which are unrelated to the juvenile before the court, they cannot constitute competent substantial evidence under the statute.4 In this case, although th…
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K.O. v. State, 765 So. 2d 901 (Fla. 5th DCA 2000)…support its determination and disregards the DJJ’s recommendations without sufficient reasons, or there is no evidence in record that the court has considered the dispositional report, the cause must be reversed and remanded”) (citing K.C. v. State, 721 So. 2d 398 (Fla. 2d DCA 1998)). Here, because that standard of compliance was not met, reversal is required. The State concedes that section 985.23 mandates that the trial court consider a recommendation by the DJJ when commitment is necessary in a delinquenc…
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C.M.K. v. State, 855 So. 2d 1234 (Fla. 1st DCA 2003)…ons for disregarding the Department’s recommendation of a moderate-risk restrictiveness level and instead committed the appellant to a high-risk program), approved on other grounds, State v. T.M.B., 716 So. 2d 269 (Fla.1998); see also K.C. v. State, 721 So. 2d 398, 399 (Fla. 2d DCA 1998) (reversing the trial court’s disposition order and remanding because the trial court disregarded the Department’s recommended sentence without providing its reasons for [*1236] such); A.K. v. State, 713 So. 2d 1031, 1032 (Fla…