A juvenile court found appellant guilty of battery on a law enforcement officer and of resisting an officer with violence. The Department of Juvenile Justice filed a predisposition report recommending that appellant be placed on community control. The trial court rejected the Department’s recommendation and, without receiving a further recommendation as to a restrictiveness level, imposed a moderate risk (level 6) commitment. We reverse and remand because 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 a commitment.
In the Interest of S.R. v. State683 So. 2d 576 (Fla. Dist. Ct. App. 1996) · DCA96-943
- Decided
- 1996-11-07
- Law cited
- § 39.052(4)(e)2.
Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.
Cited by 40 opinions
In this collection (31)
- State v. J.P.C. SC93-2 · Florida Supreme Court 1999
- State v. JPC SC93 · Florida Supreme Court 1999
- D.L.B. v. State SC92641-2 · Florida Supreme Court 1998
- State v. E.D.P. SC92345-2 · Florida Supreme Court 1998 cites it 2 times
- DLB v. State SC92641 · Florida Supreme Court 1998
- State v. EDP SC92345 · Florida Supreme Court 1998 cites it 2 times
- D.K. v. State 1D97-2908 · 1st DCA 1998
- JB v. State 5D97-3028 · 5th DCA 1998
- J.B. v. State 1D97-3028 · 1st DCA 1998
- J.L.T. v. State DCA97-4210 · District Court of Appeal 1998
- JPC v. State 1D97-2533 · 1st DCA 1998
- J.P.C. v. State DCA97-2533 · District Court of Appeal 1998
- J.D.B. v. State 2D97-3176 · 2nd DCA 1998
- L.A.S. v. State DCA97-4213 · District Court of Appeal 1998
- JDB v. State 1D97-3176 · 1st DCA 1998
- D.L.B. v. State 1D96-01814 · 1st DCA 1998
- DLB v. State 2D96-01814 · 2nd DCA 1998
- L.R.J. v. State DCA97-718 · District Court of Appeal 1998
- LRJ v. State 1D97-718 · 1st DCA 1998
- P.A. v. State DCA97-2956 · District Court of Appeal 1998
- A.L.W. v. State DCA97-808 · District Court of Appeal 1997
- M.J.P. v. State 4D97-1099 · 4th DCA 1997
- K.A.S. v. State DCA96-4928 · District Court of Appeal 1997
- R.D. v. State DCA96-3408 · District Court of Appeal 1997
- OM v. State 1D96-3404 · 1st DCA 1997
- O.M. v. State DCA96-3404 · District Court of Appeal 1997
- J.P.M. v. State DCA96-3405 · District Court of Appeal 1997
- JPM v. State 1D96-3405 · 1st DCA 1997
- K.Y.L. v. State DCA96-1060 · District Court of Appeal 1997
- KYL v. State 1D96-1060 · 1st DCA 1997
- SR v. State 1D96-943 · 1st DCA 1996
Elsewhere (9, on CourtListener)
- J.B. v. State Florida Supreme Court · 1999
- J.L.F. v. State District Court of Appeal · 1998
- HH v. State District Court of Appeal · 1998
- E.D.P. v. State District Court of Appeal · 1998
- A.R. v. State District Court of Appeal · 1997
- B.D.W. v. State District Court of Appeal · 1997
- A.L. v. State District Court of Appeal · 1997
- G.S.C. v. State District Court of Appeal · 1997
- R.A.M. v. State District Court of Appeal · 1997
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