A.S. v. State

PARMER, Judge.

We affirm the Level 2 commitment of appellant under § 39.052(3)(e)3, Florida Statutes. The trial court stated for the record its reasons for disregarding the recommendations of the Department of Juvenile Justice and those reasons were supported by a preponderance of the evidence.

There is a correction needed, however, in the Disposition Order. The order is ambiguous regarding the maximum allowable sentence for misdemeanor battery committed by a juvenile and is therefore inconsistent with our recent ruling in M.S. v. State, 675 So.2d 215 (Fla. 4th DCA 1996). In M.S. we held that…