FREDDIE L. DOWDELL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• B.K.A. v. State, 122 So. 3d 928 (Fla. 1st DCA 2013)
  …the record at the hearing and in writing in its disposition orders. The court included specific findings of the reasons for its decision to adjudicate and to commit the child to the Department. As this court recently recognized, in J.B.S. v. State, 90 So. 3d 961, 967 (Fla. 1st DGA 2012), “E.A.R. does not apply to the initial determination made under section 985.433(6), which gives the trial court wide discretion in determining the suitability of commitment of the child to the Department.” The error in thes…
• D.R. v. State, 178 So. 3d 478 (Fla. 4th DCA 2015)
  …nd Second District Courts of Appeal have held that E.A.R: applies only to, the restrictiveness level of commitment after the court initially determines whether to commit the juvenile. D.G. v. State, 170. So. 3d 1 (Fla. 2d DCA 2015); J.B.S. v. State, 90 So. 3d 961 (Fla. 1st DCA 2012). Their approach is completely consistent with E.A.R. In J.B.S., the DJJ predisposition report recommended" prdbátion, but the court committed the juvenile, and asked the DJJ for a restrictiveness'level recommendation. Id. at 962…
• D.G. v. State, 170 So. 3d 1 (Fla. 2d DCA 2015)
  ….” Id. It was in this phase of the disposition process that the juvenile court went awry in D.G.’s case; it imposed a high-risk restrictiveness level without first obtaining the DJJ’s recommendation. The First District’s opinion in J.B.S. v. State, 90 So. 3d 961, 962 (Fla. 1st DCA 2012), a case involving circumstances similar to this one, is instructive. A juvenile offender was adjudicated for several charges, including lewd and lascivious molestation of a victim less than twelve years old. DJJ had initiall…

Authorities Cited

• Flagg v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)
• Holmes v. State, 74 So. 3d 138 (Fla. 1st DCA 2011)