G.S.C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a juvenile commitment order must be vacated if the trial court fails to first secure a restrictiveness level recommendation from the Department of Juvenile Justice.
A juvenile pleaded guilty to trespass and the trial court imposed a commitment order without first obtaining a restrictiveness level recommendation fr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Restrictiveness Level Recommendation cases and more on FLexlaw
PER CURIAM.
The appellant, a juvenile, entered a plea of guilty to two counts of trespass. The Department of Juvenile Justice prepared a predisposition report recommending community control but the trial court rejected that recommendation and imposed instead a low risk commitment followed by community control. Because the court did not first secure a restrictiveness level recommendation from the Department, the court’s order of adjudication and commitment must be vacated. See R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997); 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).
We reject the State’s argument that the appellant was required to preserve this issue for review according to the procedure in section 924.051(4), Florida Statutes (Supp.1996). See R.A.M. supra; T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997). As in R.A.M., we certify the following question to the supreme court:
DOES SECTION 924.051(4), FLORIDA STATUTES (SUPP.1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS?
Reversed.
WEBSTER, MICKLE and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
P.A., Jr. v. State, 742 So. 2d 273 (Fla. 1st DCA 1998)…t rejected this recommendation and imposed a moderate risk enrollment without obtaining a further recommendation as to restrictiveness level from the DJJ. This was error. See, e.g., A.L. v. State, 743 So. 2d 532 (Fla. 1st DCA 1997); K.A.S. v. State, 742 So. 2d 264 (Fla. 1st DCA 1997); G.S.C. v. State, 742 So. 2d 264 (Fla. 1st DCA 1997);1 O.M. v. State, 689 So. 2d 1265 (Fla. 1st DCA 1997). Section 39.052(4)(e)2, Florida Statutes, “unequivocally requires the court to receive and consider a recommendation from t…1 / 2
Authorities Cited
- In the Interest of S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996)
- R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997)
- T.M.B. v. State, 689 So. 2d 1215 (Fla. 1st DCA 1997)
- J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997)
- Reeder v. State, 688 So. 2d 458 (Fla. 1st DCA 1997)