D.J. v. State

1 Citing case

  1. D.O. v. State

    961 So. 2d 1053 (Fla. Dist. Ct. App. 2007)

    The trial court's reason(s) for disregarding the departmental recommendation must specifically reference the characteristics of the restrictiveness level relative to the child's needs, and the court must explain why it came to a different conclusion from the DJJ's recommendation. See D.J. v. State, 954 So.2d 1282 (Fla. 1st DCA 2007); S.L.K., 776 So.2d at 1062. The disposition order lists five grounds for deviating upward from the DJJ's recommendation of probation: 1) the DJJ was not wholly objective in its lenient recommendation; 2) the victim was especially vulnerable; 3) defense expert Dr. Spoerl was not really familiar with the DJJ's programs and did not score the alleged violence; 4) the State's expert, Dr. Hume-Guilford, was very familiar with the DJJ's programs and recommended moderate-risk residential placement; and 5) factual similarities between Q.L.J., and Appellant's case justify the stricter sanction.