A.A. A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This is an appeal from a final order adjudicating the Appellant delinquent on a charge of grand theft. The Department of Juvenile Justice recommended that the Appellant be placed in a moderate-risk program, but the trial court rejected the recommendation and placed him in a high-risk residential program. Although we find no error in the trial of the case, we conclude that the court failed to identify a valid basis for disregarding the recommended disposition. See A.C.N. v. State, 727 So. 2d 368 (Fla. 1st DCA 1999); J.S. v. State, 911 So. 2d 1280 (Fla. 1st DCA 2005); N.B. v. State, 911 So. 2d 833 (Fla. 1st DCA 2005). Accordingly, we affirm the adjudication of delinquency but reverse the disposition with instructions to place the Appellant in a moderate-risk program.
WEBSTER, PADOVANO and LEWIS, JJ., concur.
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Caldwell v. Wal-Mart Stores, 980 So. 2d 1226 (Fla. 1st DCA 2008)…end the date of rendition of the order to which it was directed. On this point, Rule 60Q-6.122(3) states that a motion for rehearing “does not toll the time within which an order becomes final or an appeal may be filed.” See Martin v. Walmart Dist., 917 So. 2d 346 (Fla. 1st DCA 2005). The petition for writ of certiorari was filed within thirty days from rendition of the July 25, 2007 order, but that order merely reaffirmed the court’s earlier ruling that the claimant is required to submit [*1229] to an indep…
Authorities Cited
- In the Interest of A.C.N. v. State, 727 So. 2d 368 (Fla. 1st DCA 1999)
- N.B. v. State, 911 So. 2d 833 (Fla. 1st DCA 2005)
- J.S. v. State, 911 So. 2d 1280 (Fla. 1st DCA 2005)