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In the Interest of S.R. v. State

683 So. 2d 576, 1996 Fla. App. LEXIS 12422
District Court of Appeal of Florida·Decided November 7, 1996·No. No. 96-943·Published·Cited by 44 cases

Opinion

PER CURIAM.

A juvenile court found appellant guilty of battery on a law enforcement officer and of resisting an officer with violence. The Department of Juvenile Justice filed a predisposition report recommending that appellant be placed on community control. The trial court rejected the Department’s recommendation and, without receiving a further recommendation as to a restrictiveness level, imposed a moderate risk (level 6) commitment. We reverse and remand because section 39.052(4)(e)2., Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering a commitment.

MINER, ALLEN and MICKLE, JJ., concur.

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In the Interest of S.R. v. State, 683 So. 2d 576, 1996 Fla. App. LEXIS 12422 (Fla. Ct. App. 1996).

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