In the Interest of S.R. v. State

Florida District Courts of Appeal
In the Interest of S.R. v. State, 683 So. 2d 576 (1996)
1996 Fla. App. LEXIS 12422
Allen, Mickle, Miner

In the Interest of S.R. v. State

Opinion of the Court

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.

Reference

Full Case Name
In the Interest of S.R., a child v. STATE of Florida
Cited By
44 cases
Status
Published