Legal Opinion

C.M.H. v. State

District Court of Appeal of Florida

Decided January 15, 2010No. 1D09-3091PublishedCited by 13 opinions

1Per curiam

In this juvenile case, C.M.H. pled nolo contendere to one count of grand theft. The Department of Juvenile Justice (DJJ) recommended that C.M.H. be placed on probation. The trial court adjudicated C.M.H. delinquent and committed him to a moderate-risk program, but suspended the sentence and placed him on probation. We reverse.

In E.A.R. v. State, 4 So.3d 614 (Fla.2009), the Florida Supreme Court announced a new, more rigorous analysis that a trial court must conduct before departing from DJJ’s recommendation. As the court explained in E.A.R.:

The only rational or logical means through which the…

2Cases cited4 opinions

  1. E.A.R. v. StateSupreme Court of Florida · 2009
  2. M.J.S. v. StateDistrict Court of Appeal of Florida · 2009
  3. M.K. v. StateDistrict Court of Appeal of Florida · 2009
  4. Dept. of Juvenile Justice v. KbDistrict Court of Appeal of Florida · 2001

3Cited by13 opinions

  1. M.H. v. StateDistrict Court of Appeal of Florida · 2011
  2. B.L.R. v. StateDistrict Court of Appeal of Florida · 2011
  3. K.M.H. v. StateDistrict Court of Appeal of Florida · 2012
  4. C.C.T. v. StateDistrict Court of Appeal of Florida · 2011
  5. M.W. v. StateDistrict Court of Appeal of Florida · 2011

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