Legal Opinion · Dissent

J.M. v. State

District Court of Appeal of Florida

Decided June 26, 1996No. 94-1160Published

1DissentCope, Judge

I respectfully dissent. In this juvenile delinquency case the trial court: 1) adjudicated J.M. delinquent; 2) committed J.M. to the Department of Health and Rehabilitative Services (“Department”);4 and 3) ordered that J.M.’s restrictiveness level be level 4, a low risk residential placement. The majority opinion reverses all of these determinations and remands for a new disposition hearing on all issues.

I must respectfully disagree because the juvenile delinquency statute expressly for*894bids appellate review of the disposition chosen by the trial court. § 39.052(3)(k), Fla. Stat. (1993).…

2Cases cited33 opinions

  1. Alabama v. SmithSupreme Court of the United States · 1989
  2. Pope v. StateSupreme Court of Florida · 1990
  3. Scurry v. StateSupreme Court of Florida · 1986
  4. Department Hrs v. BjmSupreme Court of Florida · 1995
  5. B.H. v. StateSupreme Court of Florida · 1994

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