Florida District Courts of Appeal, 1996

In the Interest of S.R. v. State

In the Interest of S.R. v. State
Florida District Courts of Appeal · Decided November 7, 1996 · Allen, Mickle, Miner
683 So. 2d 576; 1996 Fla. App. LEXIS 12422 (Southern Reporter, Second Series)
In the Interest of S.R. v. State

Cases that cite this one

43 later published cases cite this decision. The 25 that cite it most often are listed here.

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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.

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