Florida District Courts of Appeal, 2014

D.T.W. v. State

D.T.W. v. State
Florida District Courts of Appeal · Decided October 13, 2014 · Roberts, Rowe, Wolf
148 So. 3d 542; 2014 Fla. App. LEXIS 16730; 2014 WL 5100189 (Southern Reporter, Third Series)

D.T.W. v. State

Opinion of the Court

PER CURIAM.

In this Anders appeal, a Causey1 order was issued directing the parties to brief the issue of whether the trial court erred in committing the appellant to a moderate-risk placement when the Department of Juvenile Justice (the Department) had recommended probation. See B.KA. v. State, 122 So.3d 928, 930 (Fla. 1st DCA 2013). The public defender recognized the error and asked this Court to reverse and remand pursuant to B.KA. The State concedes error. Accordingly, we AFFIRM the appellant’s adjudication of delinquency, but REVERSE the particulars of the commitment and REMAND with instructions for the trial court to receive a recommendation from the Department regarding a restrictiveness level before committing the appellant.

WOLF, ROBERTS, and ROWE, JJ., concur.

. State v. Causey, 503 So.2d 321 (Fla. 1987).

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