E.R., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Following a disposition hearing, the trial judge adjudicated E.R. for her commission of the offense of battery. The Department of Juvenile Justice (“DJJ”) prepared a Pre-Disposition Report in which it recommended that E.R. be placed on juvenile probation and participate in the “Re-directions program.”
The trial court departed from DJJ’s recommendation and instead placed E.R. in a low risk level 2 commitment program. Because the trial court’s explanation for its departure from DJJ’s assessment and recommendation is not in accordance with the required analysis set forth by the Florida Supreme Court in E.A.R. v. State, 4 So.3d 614 (Fla.2009), we must reverse the order appealed and remand the matter to the trial court so that it can either impose the probation recommended by DJJ or depart from DJJ’s recommendation in accordance with E.A.R.
Reversed and remanded.
FARMER, HAZOURI and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Taylor v. State, 197 So. 3d 130 (Fla. 3d DCA 2016)…te’s proper confession of error and reverse paragraph 2 of the trial court’s order. As the State correctly concedes, the rule 3.853 Motion currently before this Court is not time barred or successive based on this Court’s opinion in Taylor v. State, 15 So. 3d 907 (Fla. 3d DCA 2009), as the trial court ruled in its July 10, 2015 order. This Court’s prior appellate decision related to Taylor’s burglary conviction in a different case, Case No. F01-20470. Accordingly, we reverse paragraph 2 of the trial court’…
Authorities Cited
- E.A.R. v. State, 4 So. 3d 614 (Fla. 2009)