T.S. v. STATE

No. 5D00-2959.

801 So.2d 171 (2001)

T.S., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 30, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


SAWAYA, J.

T.S. appeals the disposition order committing him to a level eight commitment following his violation of community control. He argues that the trial court erred in disregarding the recommendation of the Department of Juvenile Justice (DJJ), which had advised that a level six disposition would be appropriate. We agree.

T.S. had been placed on community control in April 2000 following his conviction for one count of lewd and lascivious act against...

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