STATE v. D.S.

No. 98-2219.

732 So.2d 24 (1999)

STATE of Florida, Appellant, v. D.S., a child, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 27, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellant.

Christopher Mark Neilson, Hollywood, for appellee.


PER CURIAM.

The state appeals D.S.'s delinquency disposition order asserting error in the trial court's withhold of adjudication and simultaneous imposition of a Level 2 commitment. We reverse.1

After D.S. pled no contest to several charges, the court withheld adjudication and ordered him committed to a Level 2 non-residential program. We agree with the state that the sentence imposed was illegal because when a court commits a...

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