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

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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