TS v. State, 5D00-2959.
| Decision Date | 30 November 2001 |
| Docket Number | No. 5D00-2959.,5D00-2959. |
| Parties | T.S., A Child, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
T.S. appeals the disposition order committing him to a level eight commitment following his violation of community control. He argues that the trial court erred in disregarding the recommendation of the Department of Juvenile Justice (DJJ), which had advised that a level six disposition would be appropriate. We agree.
T.S. had been placed on community control in April 2000 following his conviction for one count of lewd and lascivious act against a child under sixteen. T.S. was not to leave his grandmother's residence without permission, a condition he was apparently unwilling to abide by. The probation officer informed the court that although the pending violation of conditions charged only one event, T.S. had repeatedly been outside the range of his monitoring equipment.
The trial court expressed its frustration with T.S.'s refusal to adhere to the simple and clear terms of his community control, stating that the fact that T.S. had repeatedly violated the house arrest "shows that he can't abide by a liberal schedule in the sense that he's got to be closely supervised." This conclusion was in conflict with that reached by DJJ. DJJ desired some form of punishment simply to "get his attention," and that was why DJJ had agreed to a level six commitment. Other than T.S.'s wanderlust, there were no other factors suggesting that T.S. was not progressing as hoped. He was doing well in school and in counseling and had not involved himself in any further criminal acts.
After learning that a level six commitment ranged from four to six months, the court announced its decision to adjudicate T.S. guilty and commit him to a level eight. The court did, however, reserve jurisdiction to review T.S.'s progress after four months and perhaps place T.S. back on community control if he was doing well. The court cautioned that if T.S. did not have an immaculate record on level eight for four months, T.S. would be there at least a year. The order was entered accordingly.
T.S. argues that the trial court departed from DJJ's recommendation without providing a sufficient reason and without competent, substantial evidence supporting its departure. See A.C.N. v. State, 727 So.2d 368 (Fla. 1st DCA 1999)
(). "Our review on appeal is limited to a determination of whether the trial court's findings are supported by competent substantial...
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CCB v. State, 1D01-5042.
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