M.C.P. v. State
M.C.P. v. State
Opinion of the Court
Appellant was adjudicated delinquent for committing a burglary of a dwelling and petit theft. We affirm that portion of the adjudication order deviating from the recommended commitment level and placing appellant at a moderate risk commitment level. Section 985.23(3)(c), Florida Statutes (1997) provides that the court can commit the child at the restrictiveness level identified by the Department of Juvenile Justice or “may order placement at a different restrictiveness level.” It requires the court to “state for the record the reasons which establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.” § 985.23(3)(c), Fla. Stat. (1997). The trial court adequately stated its reasons in the record.
The disposition order is erroneous. The order commits appellant to the custody of the Department of Juvenile Justice for “an indeterminate term not to exceed the child’s nineteenth birthday or the max
AFFIRMED in part, REVERSED in part.
Reference
- Full Case Name
- M.C.P., a child v. STATE of Florida
- Cited By
- 8 cases
- Status
- Published