J.P.M., A Child, Appellant, v. STATE (1997)

District Court of Appeal of Florida,First District.

J.P.M., A Child, Appellant, v. STATE of Florida, Appellee.

No. 96-3405.

Decided: March 05, 1997

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

Appellant was adjudicated delinquent for committing the offenses of trespass on school grounds and obstructing an officer without violence. The Department of Juvenile Justice had filed a predisposition report recommending Appellant be placed on community control, but the trial court rejected the recommendation and imposed a high risk commitment without receiving a further recommendation from the Department as to a restrictiveness level. This was error. In S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996), we held that “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.” Consequently, we reverse the order of commitment and remand the case for further proceedings consistent with this opinion.

Reversed and Remanded.

PER CURIAM.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network