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K.R. v. State

District Court of Appeal of Florida, First District
Aug 31, 2007
973 So. 2d 1170 (Fla. Dist. Ct. App. 2007)

Summary

reversing and remanding for new disposition hearing where trial court failed to provide adequate reasons for deviation from Department's recommendation

Summary of this case from D.D.M. v. State

Opinion

No. 1D06-5915.

August 31, 2007.

Appeal from the Circuit Court, Santa Rosa County, Marci L. Goodman, J.

Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Bill McCollum, Attorney General; Thomas Winokur and Heather Flanagan Ross, Assistant Attorneys General, Tallahassee, for Appellee.


The State concedes that the trial court erred by disregarding the recommendation of the Department of Juvenile Justice that Appellant remain on probation. Instead, the trial court adjudicated Appellant delinquent and committed him to a moderate risk facility, and failed to state its reasons on the record for deviating from the Department's recommendation. See § 985.23(3)(c), Fla. Stat. (2006). Additionally, it failed to reference the characteristics of a moderate risk placement vis-a-vis Appellant's needs. Failure to do so constitutes reversible error. See C.C.B. v. State, 828 So.2d 429, 431 (Fla. 1st DCA 2002) (explaining "[t]he trial court must not only state its reasons for disregarding the recommended restrictiveness level on the record, the reasons must also be supported by a preponderance of the evidence and must make reference to the characteristics of the restrictiveness level vis-a-vis the needs of the child."). Accordingly, we reverse the disposition order and remand for a new disposition hearing. C.M.K. v. State, 855 So.2d 1234 (Fla. 1st DCA 2003).

REVERSED and REMANDED.

BENTON, HAWKES and THOMAS, JJ., concur.


Summaries of

K.R. v. State

District Court of Appeal of Florida, First District
Aug 31, 2007
973 So. 2d 1170 (Fla. Dist. Ct. App. 2007)

reversing and remanding for new disposition hearing where trial court failed to provide adequate reasons for deviation from Department's recommendation

Summary of this case from D.D.M. v. State
Case details for

K.R. v. State

Case Details

Full title:K.R., a child, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Aug 31, 2007

Citations

973 So. 2d 1170 (Fla. Dist. Ct. App. 2007)

Citing Cases

D.D.M. v. State

Therefore, we reverse and remand for a new disposition hearing. See K.R. v. State, 973 So.2d 1170 (Fla. 1st…