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M.B. v. STATE

No. 5D08-598.

9 So.3d 40 (2009)

M.B., a Child, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

March 6, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Michael Olshefski and Kathryn Rollison Radtke, Assistant Public Defenders, Daytona Beach, for Appellant/Cross-Appellee.

Bill McCollum, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

PER CURIAM.

M.B., a juvenile, appeals the trial court's commitment of him to a Level 6 residential program despite the Department of Juvenile Justice's recommendation that he be placed on probation. The State cross-appeals the trial court's order declaring sections 985.433(7)(a) and (b), Florida Statutes, unconstitutional. This Court has jurisdiction. Fla. R.App. P. 9.140(b)(1)(A) and 9.140(c)(1)(K).

We are unable to address the first issue because M.B. failed...

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