K.N.M. v. STATE

No. 5D99-3342.

793 So.2d 1195 (2001)

K.N.M., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 21, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


THOMPSON, C.J.

The court found K.N.M. guilty of aggravated battery with a deadly weapon and causing great bodily harm. K.N.M. contends the court erred in placing him in a level six commitment instead of following the recommendation of the Department of Juvenile Justice ("DJJ") that K.N.M. be placed on community control. We agree and reverse.

According to the trial testimony, K.N.M. was involved in a melee during which he

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