Opinion · District Court of Appeal of Florida

In the Interest of S.R. v. State

683 So. 2d 576

Type
Opinion
Court
District Court of Appeal of Florida
Jurisdiction
Florida
Date
1996-11-07
Topic
general

How later courts describe this case

  • holding that, where the department recommends community control for a juvenile, the trial court is required to receive and consider a further restrictiveness-level recommendation before ordering the juvenile’s commitment
  • "We reverse and remand because section 39.052(4)(e)2., Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering a commitment.”

Citator

UpLaw has not yet analyzed In the Interest of S.R. v. State. The absence of a flag is not a finding that it is good law.

Cited by
44 opinions
PER CURIAM.

A juvenile court found appellant guilty of battery on a law enforcement officer and of resisting an officer with violence. The Department of Juvenile Justice filed a predisposition report recommending that appellant be placed on community control. The trial court rejected the Department’s recommendation and, without receiving a further recommendation as to a restrictiveness level, imposed a moderate risk (level 6) commitment. We reverse and remand because section 39.052(4)(e)2., Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering a commitment.

MINER, ALLEN and MICKLE, JJ., concur.