A.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
On Motion for Clarification
PER CURIAM.
We grant appellant’s motion for clarification and substitute this opinion to correct scrivener’s errors in our opinion issued April 23, 2008.
Appellant A.T., a sixteen-year-old child, appeals the disposition order committing her to the care of the Department of Juvenile Justice for placement in a level eight high risk residential program.
A.T. argues that the “characteristics visa-vis the needs” test is the most workable test for trial courts to use in deciding whether to depart from the Department’s Predisposition Report recommendation. In E.A.R. v. State, 975 So. 2d 610, 611 (Fla. 4th DCA 2008), this court rejected this argument and certified conflict with M.S. v. State, 927 So. 2d 1044,1046 (Fla. 2d DCA 2006). We again note conflict as we did in E.A.R. v. State.
A.T. also argues that upwardly departing after a juvenile disposition has already been imposed violates double jeopardy. We concur with the reasoning of the third district in J.E. v. State, 676 So. 2d 39, 40 (Fla. 3d DCA 1996). There is no double jeopardy violation as the departure only increased the restrictiveness level. It was not a resentencing.
Affirmed.
POLEN, GROSS and MAY, JJ., concur.
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E.A.R. v. State, 4 So. 3d 614 (Fla. 2009)…onflict between its decision in E.A.R. v. State, 975 So. 2d 610 (Fla. 4th DCA 2008), and the decision of the Second District Court of Appeal in M.S. v. State, 927 So. 2d 1044 (Fla. 2d DCA 2006). See E.A.R., 975 So. 2d at 613; see also A.T. v. State, 983 So. 2d 679, 679 (Fla. 4th DCA 2008) (certifying conflict on the same issue), notice invoking discretionary review filed, No. SC08-1159 (Fla. June 12, 2008). We now exercise our discretionary jurisdiction to resolve this inter-district impasse. See art. V, § 3(…1 / 4
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A.T. v. State, 7 So. 3d 534 (Fla. 2009)…PER CURIAM. We have for review A.T. v. State, 983 So. 2d 679 (Fla. 4th DCA 2008), in which the Fourth District Court of Appeal cited as authority its decision in E.A.R. v. State, 975 So. 2d 610 (Fla. 4th DCA 2008), quashed, 4 So. 3d 614 (Fla.2009). At the time the Fourth District issued its decision in A.T.,…
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A.T. v. State, 10 So. 3d 1180 (Fla. 4th DCA 2009)…on Remand from the Supreme Court of Florida PER CURIAM. The Supreme Court has quashed our prior decision in this case, A.T. v. State, 983 So. 2d 679 (Fla. 4th DCA 2008), based on its holding in E.A.R. v. State, 4 So. 3d 614 (Fla.2009). Accordingly, we reverse the disposition of the trial court, and remand for further proceedings in accordance with EA.R. GROSS, C.J., POLEN and MAY, JJ., concur…
Authorities Cited
- M.S. v. State, 927 So. 2d 1044 (Fla. 2d DCA 2006)
- Toro v. State, 676 So. 2d 39 (Fla. 4th DCA 1996)
- E.A.R. v. State, 975 So. 2d 610 (Fla. 4th DCA 2008)