M.C.P. v. State

Appellant was adjudicated delinquent for committing a burglary of a dwelling and petit theft. We affirm that portion of the adjudication order deviating from the recommended commitment level and placing appellant at a moderate risk commitment level. Section 985.23(3)(c), Florida Statutes (1997) provides that the court can commit the child at the restrictiveness level identified by the Department of Juvenile Justice or “may order placement at a different restrictiveness level.” It requires the court to “state for the record the reasons which establish by a preponderance of the evidence why the…