A.L.W. v. State

The appellant was charged in separate cases with petit theft and with dealing in stolen property and grand theft. He entered a plea of nolo contendere to all charges. The- Department of Juvenile Justice prepared a predisposition report recommending community control, but the trial court rejected this recommendation and imposed a moderate risk commitment without first obtaining a recommendation from the Department as to the restrictiveness level.

This court has consistently held that section 39.052(4)(e)2, Florida Statutes, requires a trial court to obtain a restrictiveness level recommendation…