JB v. State

• Decision Date: 18 March 1999
• Docket Number: No. 93,823.,93,823.
• Citation: 731 So.2d 1256
• Parties: J.B., a child, Petitioner, v. STATE of Florida, Respondent.
• Court: Florida Supreme Court

731 So.2d 1256

J.B., a child, Petitioner, v. STATE of Florida, Respondent.

No. 93,823.

Supreme Court of Florida.

March 18, 1999.

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Robin A. Compton, Assistant Attorney General, Daytona Beach, Florida, for Respondent.

PER CURIAM.

We have for review J.B. v. State, 715 So.2d 1144 (Fla. 5th DCA 1998), based on conflict with E.D.P. v. State, 23 Fla. L. Weekly D348, 728 So.2d 1173 (Fla. 1st DCA 1998), quashed, 23 Fla. L. Weekly S524, 724 So.2d 1144 (Fla.1998), and other cases.¹ We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve J.B.

The issue raised in the instant conflict is controlled by our recent decision in State v. E.D.P., 23 Fla. L. Weekly S524, 724 So.2d 1144 (Fla.1998)(reviewing the conflict case cited above), wherein the First District certified the following 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 [OF JUVENILE JUSTICE]'S COMMUNITY CONTROL RECOMMENDATION WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?

We answered the question in the affirmative and quashed the First District's opinion. Id.

In accordance with our decision in E.D.P., we approve J.B. On October 8, 1998, this Court disapproved R.A.M. and S.R. to the extent they are inconsistent with E.D.P. See D.L.B. v. State, 720 So.2d 202 (Fla.1998)

.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, LEWIS and QUINCE, JJ., concur.

PARIENTE, J., concurs with an opinion, in which ANSTEAD, J., concurs.

PARIENTE, J., concurring.

I concur in the result because we are bound by our decision in State v. E.D.P., 23 Fla. L. Weekly S524, 724 So.2d 1144 (Fla.1998). However, I continue to agree with Justice Anstead's well-reasoned dissent in E.D.P.

ANSTEAD, J., concurs.

1.R.A.M. v. State, 695 So.2d 1308 (Fla. 1st DCA),approved on other grounds sub nom., State v. T.M.B., 716 So.2d 269 (Fla.1998),

and S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996).