J.J.L. v. State

Full title: J.J.L., a Child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Mar 31, 2004

868 So. 2d 675 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D03-3558.

Opinion filed March 31, 2004.

An appeal from the Circuit Court for Santa Rosa County, Honorable Marci L. Goodman, Judge.

Nancy A. Daniels, Public Defender, Second Judicial Circuit; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Felicia A. Wilcox, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

J.J.L., a child, appeals from her adjudication of delinquency and commitment to the Department of Juvenile Justice. We reverse J.J.L.'s commitment to a high risk residential program because the trial court proceeded with J.J.L.'s disposition with an incomplete predisposition report in which the Department failed to recommend a commitment level as required by section 985.23(3)(b), Florida Statutes (2003) and J.E.W. v. State, 672 So.2d 72, 73-74 (Fla. 1st DCA 1996) (reversing a juvenile's commitment to a moderate risk facility where the trial court considered a predisposition report that did not recommend a commitment level, but rather recommended continuing the disposition). There is no evidence that the child knowingly waived the requirement of a predisposition report that complies with the statute. Therefore, we vacate J.J.L's commitment and remand for a new disposition hearing.

REVERSED and REMANDED.

ALLEN, KAHN AND POLSTON, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED