J.S. v. State

J.S. appeals from a disposition order entered after he pled guilty to the charge of possession of a firearm on school property.1 The Department of Juvenile Justice, (“DJJ”), recommended probation, but the trial court committed J.S. to a moderate risk residential program after the State requested it. We agree with J.S. that the trial court abused its discretion by departing from the DJJ’s recommendation without articulating sufficient reasons for departure. Accordingly, we reverse.

It is well-established that a trial judge may disregard the DJJ’s recommendations under section 985.433(7)(b),…