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720 So. 2d 246

State v. L.A.S.

Supreme Court of Florida

Decided October 29, 1998

Supreme Court of Florida · decided 1998-10-29

Relies on J.D.B. v. State

Decided 1998-10-29

SHAW, Justice.

¶1We have for review L.A.S. v. State, 23 Fla. L. Weekly D789, 720 So.2d 255 (Fla. 1st DCA 1998), wherein the First District Court of Appeal certified the following question:

DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON SPECIFIC REASONS, HAVE AUTHORITY TO REJECT THE DEPARTMENT [OF JUVENILE JUSTICE]^ COMMUNITY CONTROL RECOMMENDATION WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?

¶2We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3We answered this question in State v. E.D.P., No. 92,345, — So.2d-, 1998 WL 696947 (Fla. Oct. 8, 1998), in the affirmative. Accordingly, we quash the instant district court decision and remand the case with directions to reinstate the sentence of the trial court.

¶4It is so ordered.

HARDING, C.J., and OVERTON and WELLS, JJ., concur.KOGAN, ANSTEAD and PARIENTE, JJ., dissent.
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