B.D.W. v. State, 97-1801

• Decision Date: 10 November 1997
• Docket Number: No. 97-1801,97-1801
• Citation: B.D.W. v. State, 701 So.2d 629 (Fla. App. 1997)
• Parties: 22 Fla. L. Weekly D2579 B.D.W., a Child, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 629

701 So.2d 629

22 Fla. L. Weekly D2579

B.D.W., a Child, Appellant, v.STATE of Florida, Appellee.

No. 97-1801.

District Court of Appeal of Florida, First District.

Nov. 10, 1997.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; J. Ray Poole, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this juvenile delinquency proceeding, appellant seeks review of an order of commitment entered following a guilty plea.He argues that the trial court committed reversible error when it failed to obtain a recommendation regarding restrictiveness level from the Department of Juvenile Justice after it rejected the Department's recommendation of community control.We have repeatedly held that juveniles making such a claim on appeal are entitled to relief.E. g., M.J.P. v. State, 22 Fla. L. Weekly D2090, --- So.2d ----, (Fla. 1st DCASept.3, 1997), review pending, No. 91,406 (Fla. Sept. 17, 1997);A.L. v. State, 22 Fla. L. Weekly D1834, --- So.2d ----, (Fla. 1st DCAJuly 29, 1997), review pending, No. 91,129(Fla.July 31, 1997);J.P.M. v. State, 688 So.2d 458(Fla. 1st DCA1997);S.R. v. State, 683 So.2d 576(Fla. 1st DCA1996).

The state responds that appellant is precluded from raising this issue because he failed to comply with section 924.051(4), Florida Statutes(Supp.1996).We have repeatedly rejected this argument.E. g., J.M.J. v. State, 22 Fla. L. Weekly D1673, --- So.2d ----(Fla. 1st DCAJuly 7, 1997), review granted, 698 So.2d 1225(Fla.1997);R.A.M. v. State, 695 So.2d 1308(Fla. 1st DCA1997), review granted, 698 So.2d 1225(Fla.1997);T.M.B. v. State, 689 So.2d 1215(Fla. 1st DCA1997), review granted, 698 So.2d 1225(Fla.1997).We again reject the argument.However, as in J.M.J. and R.A.M., we certify the following question to the supreme court, as one of great public importance:

DOES SECTION 924.051(4), FLORIDA STATUTES(SUPP.1996), APPLY IN JUVENILE DELINQUENCY PROCEEDINGS?

The order of commitment is reversed, and the case is remanded to the trial court with directions to hold a new disposition hearing.

REVERSED and REMANDED, with directions.

ALLEN and WEBSTER, JJ., concur.

MINER, J., concurs in result.