E.R. v. State

District Court of Appeal of Florida

E.R. v. State

15 So. 3d 907, 2009 Fla. App. LEXIS 10750

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 2009

DocketNo. 4D08-3650

StatusPublished

This text of 15 So. 3d 907 (E.R. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E.R. v. State, 15 So. 3d 907, 2009 Fla. App. LEXIS 10750 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

Following a disposition hearing, the trial judge adjudicated E.R. for her commission of the offense of battery. The Department of Juvenile Justice (“DJJ”) prepared a Pre-Disposition Report in which it recommended that E.R. be placed on juvenile probation and participate in the “Re-directions program.”

The trial court departed from DJJ’s recommendation and instead placed E.R. in a low risk level 2 commitment program. Because the trial court’s explanation for its departure from DJJ’s assessment and recommendation is not in accordance with the required analysis set forth by the Florida Supreme Court in E.A.R. v. State, 4 So.3d 614 (Fla.2009), we must reverse the order appealed and remand the matter to the trial court so that it can either impose the probation recommended by DJJ or depart from DJJ’s recommendation in accordance with E.A.R.

Reversed and remanded.

FARMER, HAZOURI and CIKLIN, JJ., concur.

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PER CURIAM.

Following a disposition hearing, the trial judge adjudicated E.R. for her commission of the offense of battery. The Department of Juvenile Justice (“DJJ”) prepared a Pre-Disposition Report in which it recommended that E.R. be placed on juvenile probation and participate in the “Re-directions program.”

The trial court departed from DJJ’s recommendation and instead placed E.R. in a low risk level 2 commitment program. Because the trial court’s explanation for its departure from DJJ’s assessment and recommendation is not in accordance with the required analysis set forth by the Florida Supreme Court in E.A.R. v. State, 4 So.3d 614 (Fla.2009), we must reverse the order appealed and remand the matter to the trial court so that it can either impose the probation recommended by DJJ or depart from DJJ’s recommendation in accordance with E.A.R.

Reversed and remanded.

FARMER, HAZOURI and CIKLIN, JJ., concur.

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15 So. 3d 907, 2009 Fla. App. LEXIS 10750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/er-v-state-fladistctapp-2009.

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