J.J.L. v. State

District Court of Appeal of Florida

J.J.L. v. State

868 So. 2d 675, 2004 Fla. App. LEXIS 4074, 2004 WL 624969

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 2004

DocketNo. 1D03-3558

StatusPublished

This text of 868 So. 2d 675 (J.J.L. 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

J.J.L. v. State, 868 So. 2d 675, 2004 Fla. App. LEXIS 4074, 2004 WL 624969 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

J.J.L., a child, appeals from her adjudication of delinquency and commitment to the Department of Juvenile Justice. We reverse J.J.L.’s commitment to a high risk residential program because the trial court proceeded with J.J.L.’s disposition with an incomplete predisposition report in which the Department failed to recommend a commitment level as required by section 985.23(3)(b), Florida Statutes (2003) and J.E.W. v. State, 672 So.2d 72, 73-74 (Fla. 1st DCA 1996) (reversing a juvenile’s commitment to a moderate risk facility where the trial court considered a predisposition report that did not recommend a commitment level, but rather recommended continuing the disposition). There is no evidence that the child knowingly waived the requirement of a predisposition report that complies with the statute. Therefore, we vacate J.J.L’s commitment and remand for a new disposition hearing.

REVERSED and REMANDED.

ALLEN, KAHN and POLSTON, JJ., concur.

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PER CURIAM.

J.J.L., a child, appeals from her adjudication of delinquency and commitment to the Department of Juvenile Justice. We reverse J.J.L.’s commitment to a high risk residential program because the trial court proceeded with J.J.L.’s disposition with an incomplete predisposition report in which the Department failed to recommend a commitment level as required by section 985.23(3)(b), Florida Statutes (2003) and J.E.W. v. State, 672 So.2d 72, 73-74 (Fla. 1st DCA 1996) (reversing a juvenile’s commitment to a moderate risk facility where the trial court considered a predisposition report that did not recommend a commitment level, but rather recommended continuing the disposition). There is no evidence that the child knowingly waived the requirement of a predisposition report that complies with the statute. Therefore, we vacate J.J.L’s commitment and remand for a new disposition hearing.

REVERSED and REMANDED.

ALLEN, KAHN and POLSTON, JJ., concur.

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Bluebook (online)

868 So. 2d 675, 2004 Fla. App. LEXIS 4074, 2004 WL 624969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jjl-v-state-fladistctapp-2004.

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