R.D., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*256] PER CURIAM.
The appellant in this case, a juvenile, was charged with aggravated battery and trespass in a conveyance. He pled guilty to the lesser included offense of battery and guilty as charged to the trespass charge. The Department of Juvenile Justice prepared a predisposition report recommending community control. However, at the disposition hearing, the trial court rejected this recommendation and instead imposed a high risk commitment. Because the court did so without first securing another recommendation from the Department as to restrictiveness level, its order violated the dictates of section 39.052(4)(e)2, Florida Statutes. We therefore vacate the disposition order and remand for further proceedings. 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).
Vacated and remanded.
MINER, ALLEN and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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A.L.W. v. State, 742 So. 2d 271 (Fla. 1st DCA 1997)…ently held that section 39.052(4)(e)2, Florida Statutes, requires a trial court to obtain a restrictiveness level recommendation from the Department before ordering commitment. See R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997); R.D. v. State, 742 So. 2d 255 (Fla. 1st DCA 1997); S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). Therefore, we reverse the order of commitment and remand this case for further proceedings-. Moreover, the trial court erred by entering a single order of adjudication and of p…
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K.A.S. v. State, 742 So. 2d 264 (Fla. 1st DCA 1997)…e and consider a recommendation from the Department as to a restrictiveness level before ordering a commitment. We therefore reverse the order of commitment and remand the case for further proceedings consistent with this opinion. See R.D. v. State, 742 So. 2d 255 (Fla. 1st DCA 1997); J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997); K.Y.L. and N.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997); S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). We reject the State’s argument that appellant was required…
Authorities Cited
- 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)