Opinion · District Court of Appeal of Florida
In the Interest of S.R. v. State
1996 Fla. App. LEXIS 12422
- Type
- Opinion
- Court
- District Court of Appeal of Florida
- Jurisdiction
- Florida
- Date
- 1996-11-07
- Topic
- general
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.” | "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
- Cited by
- 36 opinions
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.