D.S. v. State
D.S. v. State
Opinion of the Court
D.S., a minor, was charged with robbery, and as a consequence, he was also charged with violating his probation imposed for two prior misdemeanor offenses: second-degree petit theft and battery. D.S. entered a no contest plea to the charges, and the juvenile court adjudicated him delinquent, committing him to a maximum-risk residential program as a serious
In the instant case, the Department of Juvenile Justice recommended assigning D.S. to a high-risk commitment facility, but the juvenile court deliberately disregarded this recommendation, ordering D.S. to a maximum-risk facility. Because we remand for a new disposition, we note that pursuant to our supreme court’s recent decision in E.A.R. v. State, 4 So.3d 614 (Fla. 2009), a juvenile court must make certain findings on the record in order to deviate from a recommendation of the Department of Juvenile Justice. As to D.S.’s remaining arguments on appeal, we are unpersuaded and affirm.
Reversed in part; affirm,ed in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.