M.B. v. State

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. RApp. P. 9.140(b)(1)(A) and 9.140(c)(1)(E).

We are unable to address the first issue because M.B. failed to preserve the issue in accordance with Florida Rule of Juvenile Procedure 8.135. I.B. v. State, 816 So.2d 230, 231 (Fla. 5th DCA 2002). As for the…