Opinion
No. 92500.
October 15, 1998.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance First District — Case No. 97-718 (Duval County).
Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Kristina White, Assistant Attorney General, Tallahassee, for Petitioner.
Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Chief, Appellate Intake Division, Second Judicial Circuit, Tallahassee, for Respondent.
We have for review L.R.J. v. State, 706 So.2d 72 (Fla. 1st DCA 1998), wherein the First District Court of Appeal certified the following two questions:
1. Does section 924.051(4), Florida Statutes (Supp. 1996), apply in juvenile delinquency proceedings?
2. Does the trial judge, acting after a disposition hearing and based on specific reasons, have authority to reject the department's community control recommendation without remanding the case to the department for an alternative recommendation?
Id. at 73. We have jurisdiction. Art. V, § 3(b)( 4), Fla. Const.
We have since addressed these questions in State v. T.M.B., 716 So.2d 269 (Fla. 1998) (question 1), and State v. E.D.P., No. 92,345, ___ So.2d ___, 1998 WL 696947 (Fla. Oct. 8, 1998) (question 2). We answered the first question in the negative in T.M.B. and the second question in the affirmative in E.D.P. In accordance with our decisions in T.M.B. and E.D.P. we approve L.R.J., on the first issue, quash the district court's decision on the second issue, and remand this case with directions to reinstate the sentence of the trial court.
It is so ordered.
HARDING, C.J., and OVERTON, J., concur. Supreme Court of Florida.
WELLS and ANSTEAD, JJ., concurs in part and dissents in part with an opinion.
PARIENTE, J., dissents with an opinion, in which KOGAN, J., concurs.
I agree with the majority's answer to question one but disagree with the answer to question two.
I dissent for the reasons stated in my opinion dissenting to the denial of rehearing in State v. T.M.B., 716 So.2d 269, 271 (Fla. 1998), as to the first question.
I concur in the answer to the second question based upon State v. E.D.P., 92,345, ___ So.2d ___, 1998 WL 696947 (Fla. Oct. 8, 1998), and would quash the district court's decision on this issue.
I dissent as to the first certified question for the reasons stated by Justice Wells in his opinion dissenting from the denial of rehearing in State v. T.M.B., 716 So.2d 269, 271 (Fla. 1998).
I dissent as to the second certified question for the reasons stated by Justice Anstead in his dissenting opinion in State v. E.D.P., No. 92,345, ___ So.2d ___, 1998 WL 696947 (Fla. Oct. 8, 1998).
KOGAN, J., concurs.