R.C. v. State

2 Citing cases

  1. E.A.R. v. State

    4 So. 3d 614 (Fla. 2009)   Cited 120 times
    Holding that in order to deviate from the Department's recommended restrictiveness level, a trial court must "[identify] significant information that the DJJ has overlooked, failed to sufficiently consider, or misconstrued with regard to the child's programmatic, rehabilitative needs along with the risks that the unrehabilitated child poses to the public"

    ation, association, or group" is NOT, by reason of that membership, a member of a "criminal street gang"); (4) once the State has satisfactorily established the legal existence of a "criminal street gang," it must prove, through proper evidence, that the juvenile offender satisfied " two or more" of the criteria presented in section 847.03(2), Florida Statutes (2007) (emphasis supplied), " at the time" that he or she committed the underlying offense, section 985.433(6)(a), Florida Statutes (2007) (emphasis supplied); and (5) there is a meaningful statutory distinction between a "criminal street gang member" under section 847.03(2), Florida Statutes (2007), and a "criminal street gang associate" under section 874.03(4)(a), Florida Statutes (2007) (i.e., section 985.433(7), Florida Statutes (2007) — the statute addressing juvenile disposition hearings — simply does not address "criminal street gang associates"). See also, e.g., L.B. v. State, 965 So.2d 1214, 1216-17 (Fla. 1st DCA 2007); R.C. v. State, 948 So.2d 48, 49-51 (Fla. 1st DCA 2007); A.H. v. State, 724 So.2d 1268, 1269 (Fla. 1st DCA 1999); A.K. v. State, 724 So.2d 660, 660-61 (Fla. 2d DCA 1999); S.L. v. State, 708 So.2d 1006, 1007-08 (Fla. 2d DCA 1998).M.S., 927 So.2d at 1046 (quoting A.J.V. v. State, 842 So.2d 1027, 1029 (Fla. 2d DCA 2003)).

  2. L.B. v. State

    965 So. 2d 1214 (Fla. Dist. Ct. App. 2007)   Cited 2 times

    Because the trial court did not list any other reasons for departing from the Department's recommendation, it erred in relying on L.B.'s alleged gang membership as the sole basis to support its deviation. See R.C. v. State, 948 So.2d 48, 51 (Fla. 1st DCA 2007) (reversing a trial court's finding that the appellant met criterion (d) where there was evidence that he adopted a gang's style of dress but not that he frequented the gang's area or associated with its known members). The trial court also erred by failing to reference the restrictiveness level vis-a-vis the needs of L.B. See A.C.N., 727 So.2d at 370.