EDP v. State, 97-2953.

Decision Date27 January 1998
Docket NumberNo. 97-2953.,97-2953.
Citation728 So.2d 1173
PartiesE.D.P., a Child, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

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

Robert A. Butterworth, Attorney General; and Kristina White, Assistant Attorney General, Tallahassee, for Appellee.

DAVIS, Judge.

Appellant was adjudicated delinquent for possession of less than twenty grams of marijuana. The Department of Juvenile Justice had filed a predisposition report recommending Appellant be placed on community control, but the trial court rejected the recommendation and imposed a low-risk commitment without receiving a further recommendation from the Department as to a restrictiveness level. This was an error. See J.P.M. v. State, 688 So.2d 458 (Fla. 1st DCA 1997); S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996). Consequently, we reverse the order of commitment and remand for further proceedings consistent with this opinion. However, we certify the following as a question of great public importance:

DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON SPECIFIC REASONS, HAVE AUTHORITY TO REJECT THE DEPARTMENT'S COMMUNITY CONTROL RECOMMENDATION WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?

ALLEN and WEBSTER, JJ., concur.

To continue reading

Request your trial
2 cases
  • State v. JPC
    • United States
    • Florida Supreme Court
    • 18 March 1999
    ...we explained that the same issue was certified to us as a question of great public importance by the First District in E.D.P. v. State, 728 So.2d 1173 (Fla. 1st DCA 1998), quashed, 23 Fla. L. Weekly S524, 724 So.2d 1144 DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON S......
  • Alcott v. State, 97-1689.
    • United States
    • Florida District Court of Appeals
    • 1 July 1998

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT