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742 So. 2d 255

R.D. v. State

District Court of Appeal of Florida · decided 1997-05-13

Cited by 2 later decisions — most recently September 1997

2 state decisions

Relies on In the Interest of S.R. v. State · KYL v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-05-13

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PER CURIAM.

¶1The appellant in this case, a juvenile, was charged with aggravated battery and trespass in a conveyance. He pled guilty to the lesser included offense of battery and guilty as charged to the trespass charge. The Department of Juvenile Justice prepared a predisposition report recommending community control. However, at the disposition hearing, the trial court rejected this recommendation and instead imposed a high risk commitment. Because the court did so without first securing another recommendation from the Department as to restrictiveness level, its order violated the dictates of section 39.052(4)(e)2, Florida Statutes. We therefore vacate the disposition order and remand for further proceedings. S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996); K.Y.L. and N.L. v. State, 685 So.2d 1380 (Fla. 1st DCA 1997).

¶2Vacated and remanded.

MINER, ALLEN and PADOVANO, JJ., concur.
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