J.P.C. v. State

• Decision Date: 10 May 1999
• Docket Number: No. 97-2533,97-2533
• Citation: 731 So.2d 836
• Parties: 24 Fla. L. Weekly D1183 J.P.C., a Child, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 836

731 So.2d 836

24 Fla. L. Weekly D1183

J.P.C., a Child, Appellant, v. STATE of Florida, Appellee.

No. 97-2533.

District Court of Appeal of Florida, First District.

May 10, 1999.

An appeal from the Circuit Court for Escambia County. John T. Parnham, Judge.

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.

ON MANDATE FROM THE SUPREME COURT

PER CURIAM.

An opinion of this court was entered in this case on June 26, 1998, reversing the disposition order on appeal on two issues. See J.P.C. v. State, 712 So.2d 1229 (Fla. 1st DCA 1998). Upon review by the Supreme Court of Florida, the court quashed our opinion because it determined this court incorrectly held that the trial court erred on one of the issues in imposing low-risk commitment without first seeking a second recommendation from the Department of Juvenile Justice. See State of Florida v. J.P.C., a child, 731 So.2d 1255, 1999 WL 143860 (Fla.1999) . The Supreme Court opinion was silent as to the second issue, which concerned the assessment for an "ordinance fund". The Supreme Court has mandated the cause to our court for further proceedings in accordance with its opinion, the rules of this court, and state law.

Therefore, we affirm the disposition order as to the commitment ordered in accordance with the Supreme Court's directive, but reverse the imposition of the assessment for the "ordinance fund" for the reasons expressed in our earlier opinion.

BARFIELD, C.J., JOANOS and WOLF, JJ., CONCUR.