O.M. v. State, 96-3404
| Decision Date | 19 March 1997 |
| Docket Number | No. 96-3404,96-3404 |
| Citation | 689 So.2d 1265 |
| Parties | 22 Fla. L. Weekly D757 O.M., A Child, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Louis O. Frost, Jr., Public Defender, and Ward L. Metzger, Assistant Public Defender, Jacksonville, for Appellant.
Robert A. Butterworth, Attorney General, Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
The appellant was adjudicated delinquent for committing the offense of battery on a school board employee. The Department of Juvenile Justice had filed a predisposition report recommending that the 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 restrictiveness level. This was error. In S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996), we held that "section 39.052(4)(e)2, Florida Statutes, unequivocally requires the court to receive and consider a recommendation from the Department as to restrictiveness level before ordering commitment." Consequently, we reverse the order of commitment and remand this case for further proceedings. On remand, the trial court should follow the procedure dictated by section 39.052(4)(c), Florida Statutes.
Reversed and Remanded.
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...See S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996); K.Y.L. and N.L. v. State, 685 So.2d 1380 (Fla. 1st DCA 1997); O.M. v. State, 689 So.2d 1265 (Fla. 1st DCA 1997). The state argues that this issue was not preserved for appeal and that section 924.051, Florida Statutes (Supp.1996) applies......
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