M.D. v. State

Full title: M.D., A Child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 4, 2000

751 So. 2d 165 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-1771.

Opinion filed February 4, 2000.

Appeal from the Circuit Court for Orange County, Jose Rodriguez, Judge.

James B. Gibson, Public Defender, and M. A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

The court was concerned with M.D.'s apparent drug problems and committed him to a high risk residential program over the Department's recommendation for a moderate risk commitment. The court did not explain why the Department's recommendation would not meet the needs of M.D. and otherwise failed to justify its departure from the recommendation. We reverse for resentencing. See A.C.N. v. State, 727 So.2d 368 (Fla. 1st DCA 1999).

ANTOON, C.J., and DAUKSCH, J., concur.