Summary
reversing the trial court's disposition order and remanding for further proceedings because the trial court failed to state any reasons for disregarding the Department's recommended disposition
Summary of this case from In re of C.M.K. v. StateOpinion
No. 97-3304
Opinion filed June 5, 1998 JANUARY TERM 1998 Rehearing Denied July 8, 1998.
Appeal from the Circuit Court for Orange County, Donald E. Grincewicz, Judge.
James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.
Appellant appeals from an adjudication of delinquency ordering a Level 8 residential confinement, suspended in lieu of successful completion of sexual offender treatment as a condition of a five year term of community control. Appellant had entered a plea of nolo contendere to a reduced charge of attempted lewd assault.
The predisposition report (PDR) recommended community control for up to three years with any commitment suspended pending compliance with the terms of the proposed treatment plan, which included participation in an outpatient juvenile sexual offender treatment program. No level of commitment was included in the report. Section 39.052(4)(e), 2, 3, Fla. Stat. (1996) requires the court to consider the Department's placement and restrictiveness level, and if the court disregards them, the court must state its reasons on the record. No reasons were stated here for disregarding the Department's recommendations, so we must set aside the Order of Disposition. See J.E.W. v. State, 672 So.2d 72 (Fla. 1st DCA 1996). See also, J.M. v. State, 677 So.2d 890 (Fla. 3d DCA 1996). The Order of Disposition is reversed, and the cause remanded for further proceedings.
REVERSED and REMANDED.
DAUKSCH and THOMPSON, J.J., concur.