EDP v. State, 97-2953.

• Decision Date: 27 January 1998
• Docket Number: No. 97-2953.,97-2953.
• Citation: 728 So.2d 1173
• Parties: E.D.P., a Child, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

728 So.2d 1173

E.D.P., a Child, Appellant, v.STATE of Florida, Appellee.

No. 97-2953.

District Court of Appeal of Florida, First District.

January 27, 1998.

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.SeeJ.P.M. v. State,688 So.2d 458(Fla. 1st DCA1997);S.R. v. State,683 So.2d 576(Fla. 1st DCA1996).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

...