E.S.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court's order of disposition must be set aside because it failed to specify the reasons for imposing a harsher sentence than recommended.
The trial court imposed a level six commitment on E.S.B., disregarding the Department of Juvenile Justice's recommendation for probation. The sentence…
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PER CURIAM.
E.S.B. appeals the trial court’s decision to impose a level six commitment thereby disregarding the recommendation of the Department of Juvenile Justice to place him on probation.
Although the trial court’s sentence is supported by competent and substantial evidence, it failed to specify the reasons, either oral or written, for imposing the harsher sentence. Accordingly, we must set aside the order of disposition. See V.T. v. State, 782 So. 2d 928 (Fla. 2d DCA 2001); A.P. v. State, 718 So. 2d 951 (Fla. 5th DCA 1998).
We remand to the trial court to consider the Department’s recommendations and if the court chooses to disregard those recommendations, we direct the court to prepare a written order setting forth findings justifying the deviations in accordance with section 985.2S(3)(c). See P.R. v. State, 782 So. 2d 911, 913 (Fla. 5th DCA 2001); A.K. v. State, 713 So. 2d 1031, 1032 (Fla. 5th DCA 1998).
SENTENCE VACATED; REMANDED.
PETERSON, PLEUS and ORFINGER, R.B., JJ., concur.
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Authorities Cited
- P.R. v. State, 782 So. 2d 911 (Fla. 5th DCA 2001)
- A.K. v. State, 713 So. 2d 1031 (Fla. 5th DCA 1998)
- A.P. v. State, 718 So. 2d 951 (Fla. 5th DCA 1998)
- V.T. v. State, 782 So. 2d 928 (Fla. 2d DCA 2001)