R.S. C., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Appellant pled guilty to two misdemean- or drug offenses. The trial court adjudicated Appellant delinquent and sentenced him to a “non-secure residential” program. We affirm the adjudication of delinquency, but reverse the disposition order because, as the State properly concedes, the trial court erred in sentencing Appellant to a non-secure residential program without making the required written findings. See § 985.441(2)(d), Fla. Stat. (2012) (authorizing the trial court to commit a child whose offense is a misdemeanor to a non-secure residential placement if the court makes written findings that “the protection of the public requires such placement or that the particular needs of the child would be best served by such placement”). We remand for the trial court to make written findings to support its placement decision, or if it is unable to do so, to resentence Appellant. See P.W. v. State, 135 So.3d 583 (Fla. 1st DCA 2014); K.M.H. v. State, 91 So.3d 262 (Fla. 1st DCA 2012).
AFFIRMED in part: REVERSED in part: REMANDED with directions.
PADOVANO, WETHERELL, and BILBREY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Cruz v. State, 189 So. 3d 822 (Fla. 4th DCA 2015)…ROVIDE CONFLICTING INSTRUCTIONS AS TO THE DUTY TO RETREAT?” The Florida Supreme Court has granted review. See State v. Floyd, 2014 WL 7251662 (Fla. Dec. 16, 2014). In the meantime, the First District continues to adhere to Floyd. See Furr v. State, 157 So. 3d 541 (Fla. 1st DCA 2015); Ross v. State, 157 So. 3d 406(Fla. 1st DCA Feb.3, 2015). By contrast, in McClain v. State, 2015 WL 1256439 (Fla. 5th DCA Mar.20, 2015), the Fifth District declined to take a position on whether Floyd was correctly decided, expla…
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R.S. v. State, 204 So. 3d 990 (Fla. 1st DCA 2016)…ular needs of the child would be best served by such placement.”). We remand for the trial court to make written findings to support its placement decision, or if it is unable to do so, to enter an appropriate disposition order. See R.S.C. v. State, 157 So. 3d 541 (Fla. 1st DCA 2015); P.W. v. State, 135 So. 3d 583 (Fla. 1st DCA 2014); K.M.H. v. State, 91 So. 3d 262 (Fla. 1st DCA 2012). All other issues raised on appeal are affirmed without further comment. AFFIRMED in part; REVERSED in part; REMANDED with d…
Authorities Cited
- Scott v. State, 91 So. 3d 262 (Fla. 5th DCA 2012)
- K.M.H. v. State, 91 So. 3d 262 (Fla. 1st DCA 2012)
- P.W. v. State, 135 So. 3d 583 (Fla. 1st DCA 2014)