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T.W.R. v. STATE

No. 1D11-0618.

80 So.3d 1110 (2012)

T.W.R., A Child, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 27, 2012.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Archie F. Gardner, Jr. and Steven L. Seliger , Assistant Public Defenders, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Thomas D. Winokur and Jay Kubica , Assistant Attorneys General, Tallahassee, for Appellee.

PER CURIAM.

Appellant—a juvenile—challenges the trial court's decision to upwardly depart from the sentencing recommendation given by the Department of Juvenile Justice (DJJ). We agree with Appellant that the trial court did not follow the requirements for imposing an upward departure found in E.A.R. v. State, 4 So.3d 614 (Fla.2009), and reverse.

Appellant was charged in a delinquency petition with committing...

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