D.J. v. State

District Court of Appeal of Florida

D.J. v. State

954 So. 2d 1282, 2007 Fla. App. LEXIS 6741

District Court of Appeal of Florida·Decided May 4, 2007·No. No. 1D06-5235·Published·Cited by 1 cases

Opinion

PER CURIAM.

In this juvenile delinquency appeal, the appellant challenges an order committing him to a high-risk residential placement. We agree with the appellant that the trial court erred in sentencing him to a more restrictive level of commitment than the minimum-risk non-residential program recommended by the Department of Juvenile Justice (Department). The trial court failed to reference the restrictiveness level vis-a-vis the needs of the appellant or explain why it came to a different conclusion than that of the Department. See A.C.N. v. State, 727 So.2d 368, 370 (Fla. 1st DCA 1999).

REVERSED and REMANDED.

ALLEN, WEBSTER, and ROBERTS, JJ., concur.

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PER CURIAM.

In this juvenile delinquency appeal, the appellant challenges an order committing him to a high-risk residential placement. We agree with the appellant that the trial court erred in sentencing him to a more restrictive level of commitment than the minimum-risk non-residential program recommended by the Department of Juvenile Justice (Department). The trial court failed to reference the restrictiveness level vis-a-vis the needs of the appellant or explain why it came to a different conclusion than that of the Department. See A.C.N. v. State, 727 So.2d 368, 370 (Fla. 1st DCA 1999).

REVERSED and REMANDED.

ALLEN, WEBSTER, and ROBERTS, JJ., concur.

D.J. v. State, 954 So. 2d 1282, 2007 Fla. App. LEXIS 6741 (Fla. Ct. App. 2007).

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