STATE OF FLORIDA, PETITIONER,
v.
J.P.C., A CHILD, RESPONDENT
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The Florida Supreme Court quashed the First District Court of Appeal's decision in J.P.C. v. State, resolving a conflict with the Second District regarding whether trial judges must seek a second recommendation from the Department of Juvenile Justice before rejecting its community control recommendation and imposing commitment instead.
A trial judge has authority to reject the Department's community control recommendation without remanding the case for an alternative recommendation. The trial court may impose a different disposition based on specific reasons provided at the disposition hearing.
[1] A trial court may reject the Department of Juvenile Justice's community control recommendation without remanding the case to the Department for an alternative recommendat…
[2] A trial court has the authority to reject a non-commitment recommendation from the Department of Juvenile Justice after a disposition hearing based on specific reasons.
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Join FLexlaw to unlock all legal intelligence“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?”
The certified question of great public importance that the Court answered affirmatively, establishing that trial judges have such authority.
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Join FLexlaw to unlock all legal intelligenceJ.P.C., a child, pled nolo contendere to throwing a deadly missile (a rock) into a moving vehicle. The Department of Juvenile Justice recommended comm…
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PER CURIAM.
We have for review J.P.C. v. State, 712 So. 2d 1229 (Fla. 1st DCA 1998), based on conflict with D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998). We have jurisdiction. Art. V, § 8(b)(3), Fla. Const. We quash J.P.C.
J.P.C. pled nolo contendere to a charge of throwing a deadly missile (a rock) into a moving vehicle, and the Department of Juvenile Justice recommended community control. The trial court rejected the Department’s recommendation and committed him to the custody of the Department in low-risk placement. The First District held that under section 39.052(4)(e)2, Florida Statutes (Supp.1996), the trial court erred in imposing low-risk commitment without first seeking a second recommendation from the Department. J.P.C., 712 So. 2d at 1231. In so holding, the First District recognized that “[i]n D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998), the Second District ... concluded [that] the statute does not require the trial court to ask for a second recommendation once it has rejected the Department’s non-commitment recommendation.” J.P.C., 712 So. 2d at 1231.
On October 8, 1998, this Court 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 WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?
In E.D.P., we answered the certified question in the affirmative. State v. E.D.P., 724 So. 2d 1144, 23 Fla. L. Weekly S524 (Fla.1998). In, accordance with our decisions in D.L.B. and E.D.P., we quash J.P.C.1
It is so ordered.
HARDING, C.J., and SHAW, WELLS, LEWIS and QUINCE, JJ., concur. PARIENTE, J., concurs with an opinion, in which ANSTEAD, J., concurs.
. We disapprove of the precedents upon which the First District relied in J.P.C.: O.M. v. State, 689 So. 2d 1265 (Fla. 1st DCA 1997), and K.Y.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997), to the extent they are inconsistent with E.D.P. This Court disapproved 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), on the same basis. D.L.B. v. State, 720 So. 2d 202 (Fla.1998). We quashed L.R.J. v. State, 706 So. 2d 72 (Fla. 1st DCA 1998), for the same reason. State v. L.R.J., 720 So. 2d 212 (Fla.1998).
PARIENTE, J.,
concurring.
I concur in the result because we are bound by our decision in State v. E.D.P., 23 Fla. L. Weekly S524, 724 So. 2d 1144 (Fla.1998). However, I continue to agree with Justice Anstead’s well-reasoned dissent in E.D.P. ANSTEAD, J., concurs.
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Whitmore v. State, 27 So. 3d 168 (Fla. 4th DCA 2010)…nder any circumstances, consider a defendant's lack of contrition or remorse in imposing sentence. For that reason, we certified conflict with K.Y.L. v. State, 685 So. 2d 1380, 1381 (Fla. 1st DCA 1997), disapproved on other grounds, State v. J.P.C., 731 So. 2d 1255, 1256, n. 1 (Fla.1999) (holding that lack of contrition or remorse is a constitutionally impermissible consideration in imposing sentence). The Florida Supreme Court initially accepted review of the case but later dismissed the review proceeding. St…
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Avery Corbitt v. State, 220 So. 3d 446 (Fla. 5th DCA 2016)…e defendant, relying on several cases including Holton v. State, 573 So. 2d 284 (Fla.1990), Lyons v. State, 730 So. 2d 833 (Fla. 4th DCA 1999) and K.Y.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997), disapproved on other grounds in State v. J.P.C., 731 So. 2d 1255 (Fla.1999), urges that lack of contrition or remorse is a constitutionally impermissible consideration in imposing sentence. We believe that St. Val v. State, 958 So. 2d 1146 (Fla. 4th DCA), rev. granted, 966 So. 2d 968 (Fla.2007), offers the prope…
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Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996)
- K.Y.L. and N.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997)
- D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)
- O.M. v. State, 689 So. 2d 1265 (Fla. 1st DCA 1997)
- L.R.J. v. State, 706 So. 2d 72 (Fla. 1st DCA 1998)
- J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997)
- Reeder v. State, 688 So. 2d 458 (Fla. 1st DCA 1997)
- State v. E.D.P., 724 So. 2d 1144 (Fla. 1998)
- D.L.B. v. State, 720 So. 2d 202 (Fla. 1998)
- J.P.C. v. State, 712 So. 2d 1229 (Fla. 1st DCA 1998)