Public-domain · open source
OpenJurist

683 So. 2d 576

Docket No. 96-943.

SR v. State

In the Interest of S.R., a child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 7, 1996.

Rehearing Denied December 27, 1996.

District Court of Appeal of Florida · decided 1996-11-07

Decided 1996-11-07

¶1Nancy A. Daniels, Public Defender, Tallahassee, for Appellant.

¶2Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4A 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.

¶5MINER, ALLEN and MICKLE, JJ., concur.

/683/so2d/576 · .json · Public domain