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793 So. 2d 1181

E.S.B. v. State

District Court of Appeal of Florida

Decided September 14, 2001

District Court of Appeal of Florida · decided 2001-09-14

Cited by 1 later decisions — most recently December 2001

1 state decisions

Relies on P.R. v. State · A.K. v. State · A.P. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-09-14

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PER CURIAM.

¶1E.S.B. appeals the trial court’s decision to impose a level six commitment thereby disregarding the recommendation of the Department of Juvenile Justice to place him on probation.

¶2Although the trial court’s sentence is supported by competent and substantial evidence, it failed to specify the reasons, either oral or written, for imposing the harsher sentence. Accordingly, we must set aside the order of disposition. See V.T. v. State, 782 So.2d 928 (Fla. 2d DCA 2001); A.P. v. State, 718 So.2d 951 (Fla. 5th DCA 1998).

¶3We remand to the trial court to consider the Department’s recommendations and if the court chooses to disregard those recommendations, we direct the court to prepare a written order setting forth findings justifying the deviations in accordance with section 985.2S(3)(c). See P.R. v. State, 782 So.2d 911, 913 (Fla. 5th DCA 2001); A.K. v. State, 713 So.2d 1031, 1032 (Fla. 5th DCA 1998).

¶4SENTENCE VACATED; REMANDED.

PETERSON, PLEUS and ORFINGER, R.B., JJ., concur.
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