State v. JPC

Decision Date18 March 1999
Docket NumberNo. 93,444.,93,444.
Citation731 So.2d 1255
PartiesSTATE of Florida, Petitioner, v. J.P.C., a child, Respondent.
CourtFlorida Supreme Court

Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Kristina White, Assistant Attorney General, Tallahassee, Florida, for Petitioner.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Chief, Appellate Intake Division, Second Judicial Circuit, Tallahassee, Florida, for Respondent.

PER CURIAM.

We have for review J.P.C. v. State, 712 So.2d 1229 (Fla. 1st DCA 1998), based on conflict with D.L.B. v. State, 707 So.2d 844 (Fla. 2d DCA 1998). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash J.P.C.

J.P.C. pled nolo contendere to a charge of throwing a deadly missile (a rock) into a moving vehicle, and the Department of Juvenile Justice recommended community control. The trial court rejected the Department's recommendation and committed him to the custody of the Department in low-risk placement. The First District held that under section 39.052(4)(e)2, Florida Statutes (Supp.1996), the trial court erred in imposing low-risk commitment without first seeking a second recommendation from the Department. J.P.C., 712 So.2d at 1231. In so holding, the First District recognized that "[i]n D.L.B. v. State, 707 So.2d 844 (Fla. 2d DCA 1998), the Second District ... concluded [that] the statute does not require the trial court to ask for a second recommendation once it has rejected the Department's non-commitment recommendation." J.P.C., 712 So.2d at 1231.

On October 8, 1998, this Court approved the Second District's D.L.B. decision. See D.L.B. v. State, 720 So.2d 202 (Fla.1998). In so doing, 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 (Fla.1998):

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?

In E.D.P., we answered the certified question in the affirmative. State v. E.D.P., 724 So.2d 1144, 23 Fla. L. Weekly S524 (Fla.1998). In accordance with our decisions in D.L.B. and E.D.P., we quash J.P.C.1

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.

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7 cases
  • Davis v. State
    • United States
    • Florida District Court of Appeals
    • 25 April 2019
    ...or remorse is a constitutionally impermissible consideration in imposing sentence."), disapproved of on other grounds by State v. J.P.C. , 731 So.2d 1255 (Fla. 1999). Decisions from other districts have said the same thing. See, e.g ., Chiong-Cortes v. State , 260 So.3d 1154, 1154 (Fla. 3d ......
  • Corbitt v. State
    • United States
    • Florida District Court of Appeals
    • 10 November 2016
    ...730 So.2d 833 (Fla. 4th DCA 1999) and K.Y.L. v. State, 685 So.2d 1380 (Fla. 1st DCA 1997), disapproved on other grounds in State v. J.P.C., 731 So.2d 1255 (Fla.1999), urges that lack of contrition or remorse is a constitutionally impermissible consideration in imposing sentence.We believe t......
  • Whitmore v. State
    • United States
    • Florida District Court of Appeals
    • 3 February 2010
    ...we certified conflict with K.Y.L. v. State, 685 So.2d 1380, 1381 (Fla. 1st DCA 1997), disapproved on other grounds, State v. J.P.C., 731 So.2d 1255, 1256, n. 1 (Fla.1999) (holding that lack of contrition or remorse is a constitutionally impermissible consideration in imposing sentence). The......
  • Ryan v. State
    • United States
    • Florida District Court of Appeals
    • 26 October 2011
    ...So.2d 1195 (Fla. 5th DCA 2001); K.Y.L. v. State, 685 So.2d 1380 (Fla. 1st DCA 1997), disapproved on other grounds, State v. J.P.C., 731 So.2d 1255, 1256 n. 1 (Fla.1999); Hubler v. State, 458 So.2d 350 (Fla. 1st DCA 1984). It may well be that the sentence imposed by the trial court was a fai......
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