A.T. v. State

SCHEB, Acting Chief Judge.

A.T. appeals from an order adjudicating him delinquent and committing him to the Department of Health and Rehabilitative Services (HRS). While A.T. raises two points on appeal, we find merit in only one.

A.T. argues that the trial court erred in failing to follow the dictates of section 39.-09(3), Florida Statutes (1985), when it committed him to HRS. At A.T.’s disposition hearing, HRS presented the trial court with three options for A.T.’s placement. The trial judge, however, ranked as his first choice for A.T.’s commitment an option not presented by HRS.

The trial…