E.D.P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAVIS, Judge.
Appellant was adjudicated delinquent for possession of less than twenty grams of marijuana. 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 low-risk commitment without receiving a further recommendation from the Department as to a restrictiveness level. This was an error. See 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). Consequently, we reverse the order of commitment and remand for further proceedings consistent with this opinion. However, we 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?
ALLEN and WEBSTER, JJ., concur.
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State v. J.P.C., 731 So. 2d 1255 (Fla. 1999)…ourt approved the Second District’s D.L.B. decision. See D.L.B. v. State, 720 So. 2d 202 (Fla.1998). In so doing, we explained that the same issue was certified to us as a question of great public importance by the First District in E.D.P. v. State, 728 So. 2d 1173 (Fla. 1st DCA 1998), quashed, 23 Fla. L. Weekly S524, 724 So. 2d 1144. (Fla.1998): DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON SPECIFIC REASONS, HAVE AUTHORITY TO REJECT THE DEPARTMENT’S COMMUNITY CONTROL RECOMMENDATION WI…
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Mitchell v. State, 734 So. 2d 450 (Fla. 4th DCA 1999)…tion, Arruda’s testimony regarding his recollection of what occurred prior to the incident was relevant to establish that the shooting was premeditated, and was not an accident occurring during a holdup. See Alcott v. State, 23 Fla. L. Weekly D1592, 728 So. 2d 1173 (Fla. 4th DCA 1998), rev. denied, 727 So. 2d 902 (Fla.1999). The fact that the assailant did not speak to him, warning him of danger before shooting him, is probative that the assailants intended to shoot to kill as part of the robbery. Additional […
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Barnes v. State, 218 So. 3d 500 (Fla. 5th DCA 2017)…te, 753 So. 2d 117, 120 (Fla. 4th DCA 1999) (evidence supported conclusion that during commission of armed robbery, defendant shot at victim five times during continual struggle that commenced .inside store and ended outside store); Alcott v. State, 728 So. 2d 1173, 1175 (Fla. 4th DCA 1998) (during commission of armed robbery, defendant shot victim without provocation). . Section 924.34, Florida Statutes (2014), provides: When evidence sustains only conviction of lesser offense- When the appellate court det…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996)
- J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997)
- Reeder v. State, 688 So. 2d 458 (Fla. 1st DCA 1997)