D.E.R. v. State
D.E.R. v. State
Opinion of the Court
D.E.R., a juvenile, appeals the orders entered by the trial court revoking his community control and committing him to a level four Department of Juvenile Justice (Department) program. He argues that the trial court abused its discretion by rejecting the Department’s recommendation that he be returned to community control. We affirm because the trial court set forth valid reasons for rejecting the Department’s recommendation.
In October 1998, the state charged D.E.R. with committing the delinquent acts of burglary
Section 985.23(3)(c) of the Florida Statutes (1997) authorizes a trial court to reject the Department’s recommended disposition:
985.23 Disposition hearings in delinquency cases.
When a child has been found to have committed a delinquent act, the following procedures shall be applicable to the disposition of the case:
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(c) The court shall commit the child to the department at the restrictiveness level identified or may order placement at a different restrictiveness level. The court shall 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.
In this case, the trial court articulated several reasons for rejecting the Department’s recommendation of a community control disposition, including the reasons that D.E.R.’s last delinquent act had occurred while he was under community control supervision, that D.E.R.’s custodial
D.E.R. argues that it was improper for the trial court to consider the burglary for which he was acquitted as a basis for imposing a departure disposition. However, since the trial court made it clear that the reason it rejected the Department’s recommendation was because D.E.R. had committed the new crime of grand theft while on community control, we need not reach the question of whether an unproven offense alone constitutes a valid ground for departure.
AFFIRMED.
. § 810.02(4)(a), Fla. Stat. (1997).
. § 812.014(2)(c)(l), Fla. Stat. (1997).
Reference
- Full Case Name
- D.E.R., A Child v. STATE of Florida
- Cited By
- 10 cases
- Status
- Published