D.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed a juvenile's violation-of-probation sentences imposed under the serious habitual offender statute because the underlying misdemeanor offenses were not enumerated in the statute, though the robbery adjudication was permissible.
A juvenile court may not designate a minor as a serious habitual offender under section 985.47 for violation-of-probation charges where the underlying offenses are misdemeanors not enumerated in subsection (l)(a).
[1] A juvenile court may not designate a minor as a serious habitual offender under Fla. …
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Join FLexlaw to unlock all legal intelligenceD.S., a minor, was charged with robbery and violation of probation for two prior misdemeanor offenses (second-degree petit theft and battery). He ente…
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D.S., a minor, was charged with robbery, and as a consequence, he was also charged with violating his probation imposed for two prior misdemeanor offenses: second-degree petit theft and battery. D.S. entered a no contest plea to the charges, and the juvenile court adjudicated him delinquent, committing him to a maximum-risk residential program as a serious *773habitual offender pursuant to section 985.47, Florida Statutes (2008). Although his designation as a serious or habitual offender for the robbery charge was permissible, the juvenile court erred in also applying that designation to the two violation-of-probation charges where the underlying offenses were not enumerated in subsection (l)(a), and were misdemeanors. We reverse D.S.’s violation-of-probation sentences as they run afoul of section 985.47, Florida Statutes (2008), and remand for a new disposition.
In the instant case, the Department of Juvenile Justice recommended assigning D.S. to a high-risk commitment facility, but the juvenile court deliberately disregarded this recommendation, ordering D.S. to a maximum-risk facility. Because we remand for a new disposition, we note that pursuant to our supreme court’s recent decision in E.A.R. v. State, 4 So.3d 614 (Fla.2009), a juvenile court must make certain findings on the record in order to deviate from a recommendation of the Department of Juvenile Justice. As to D.S.’s remaining arguments on appeal, we are unpersuaded and affirm.
Reversed in part; affirm,ed in part.
POLEN and DAMOORGIAN, JJ., concur.