State v. D.S.

The state appeals D.S.’s delinquency disposition order asserting error in the trial court’s withhold of adjudication and simultaneous imposition of a Level 2 commitment. We reverse.1

After D.S. pled no contest to several charges, the court withheld adjudication and ordered him committed to a Level 2 non-residential program. We agree with the state that the sentence imposed was illegal because when a court commits a juvenile to a non-residential facility under section 985.228, Florida Statutes (1997), it is required to adjudicate the juvenile delinquent.

Section 985.228(4), Florida Statutes…