Legal Opinion

D.A.H. v. State

District Court of Appeal of Florida

Decided March 8, 2017No. 4D15-2645PublishedCited by 2 opinions

1Per curiam

Appellant D.A.H. challenges his juvenile disposition, in which the trial court departed upwards from the Department of Juvenile Justice (“DJJ”) recommended disposition of probation and committed him to a non-seeure residential program, without requesting a restrictiveness level recommendation for this commitment from DJJ. The State concedes that this was reversible error. See E.A.R. v. State, 4 So.3d 614 (Fla. 2009); D.R. v. State, 178 So.3d 478, 479 (Fla. 4th DCA 2016). We find that the issue was properly preserved. See H.D. v. Shore, 134 So.3d 1062, 1063 (Fla. 4th DCA 2013); A.L.B. v.…

2Cases cited4 opinions

  1. E.A.R. v. StateSupreme Court of Florida · 2009
  2. A.L.B. v. StateDistrict Court of Appeal of Florida · 2009
  3. D.R., a Child v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. H.D. v. ShoreDistrict Court of Appeal of Florida · 2013

3Cited by2 opinions

  1. A.D.H., A Child v. State of FloridaDistrict Court of Appeal of Florida · 2019
  2. O.L., a Child v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2021

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