State v. L.A.S.

Supreme Court of Florida

State v. L.A.S.

720 So. 2d 246

CourtSupreme Court of Florida

DecidedOctober 29, 1998

DocketNo. 92714

StatusPublished

This text of 720 So. 2d 246 (State v. L.A.S.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. L.A.S., 720 So. 2d 246 (Fla. 1998).

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Opinion

SHAW, Justice.

We have for review L.A.S. v. State, 23 Fla. L. Weekly D789, 720 So.2d 255 (Fla. 1st DCA 1998), wherein the First District Court of Appeal certified the following question:

DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON SPECIFIC REASONS, HAVE AUTHORITY TO REJECT THE DEPARTMENT [OF JUVENILE JUSTICE]^ COMMUNITY CONTROL RECOMMENDATION WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answered this question in State v. E.D.P., No. 92,345, — So.2d-, 1998 WL 696947 (Fla. Oct. 8, 1998), in the affirmative. Accordingly, we quash the instant district court decision and remand the case with directions to reinstate the sentence of the trial court.

It is so ordered.

HARDING, C.J., and OVERTON and WELLS, JJ., concur. KOGAN, ANSTEAD and PARIENTE, JJ., dissent.

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SHAW, Justice.

We have for review L.A.S. v. State, 23 Fla. L. Weekly D789, 720 So.2d 255 (Fla. 1st DCA 1998), wherein the First District Court of Appeal certified the following question:

DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON SPECIFIC REASONS, HAVE AUTHORITY TO REJECT THE DEPARTMENT [OF JUVENILE JUSTICE]^ COMMUNITY CONTROL RECOMMENDATION WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answered this question in State v. E.D.P., No. 92,345, — So.2d-, 1998 WL 696947 (Fla. Oct. 8, 1998), in the affirmative. Accordingly, we quash the instant district court decision and remand the case with directions to reinstate the sentence of the trial court.

It is so ordered.

HARDING, C.J., and OVERTON and WELLS, JJ., concur. KOGAN, ANSTEAD and PARIENTE, JJ., dissent.

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720 So. 2d 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-las-fla-1998.

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