E.S.B. v. State

District Court of Appeal of Florida

E.S.B. v. State

793 So. 2d 1181, 2001 Fla. App. LEXIS 12977, 2001 WL 1048528

CourtDistrict Court of Appeal of Florida

DecidedSeptember 14, 2001

DocketNo. 5D00-3558

StatusPublished

Cited by1 cases

This text of 793 So. 2d 1181 (E.S.B. 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.

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E.S.B. v. State, 793 So. 2d 1181, 2001 Fla. App. LEXIS 12977, 2001 WL 1048528 (Fla. Ct. App. 2001).

Pincite

Opinion

PER CURIAM.

E.S.B. appeals the trial court’s decision to impose a level six commitment thereby disregarding the recommendation of the Department of Juvenile Justice to place him on probation.

Although the trial court’s sentence is supported by competent and substantial evidence, it failed to specify the reasons, either oral or written, for imposing the harsher sentence. Accordingly, we must set aside the order of disposition. See V.T. v. State, 782 So.2d 928 (Fla. 2d DCA 2001); A.P. v. State, 718 So.2d 951 (Fla. 5th DCA 1998).

We remand to the trial court to consider the Department’s recommendations and if the court chooses to disregard those recommendations, we direct the court to prepare a written order setting forth findings justifying the deviations in accordance with section 985.2S(3)(c). See P.R. v. State, 782 So.2d 911, 913 (Fla. 5th DCA 2001); A.K. v. State, 713 So.2d 1031, 1032 (Fla. 5th DCA 1998).

SENTENCE VACATED; REMANDED.

PETERSON, PLEUS and ORFINGER, R.B., JJ., concur.

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