O.G., a Child v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 7, 2020
Docket1D19-2683
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2683
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O.G., A Child,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Suzanne Bass, Judge.
April 7, 2020
PER CURIAM.
O.G. appeals a final disposition order finding him delinquent
and committing him to the custody of the Department of Juvenile
Justice for placement in a non-secure residential program. O.G.
argues, and we agree, that the trial court erred in making this
placement without first requesting a commitment level
recommendation from the Department. See K.L.L. v. State, 224 So.
3d 918 (Fla. 1st DCA 2017); B.K.A. v. State, 122 So. 3d 928, 930-31
(Fla. 1st DCA 2013).
Accordingly, we AFFIRM the portion of the disposition order
adjudicating O.G. delinquent, but we REVERSE the non-secure
residential commitment placement and REMAND for further
proceedings consistent with K.L.L., B.K.A., and section 985.433(7),
Florida Statutes.
RAY, C.J., and MAKAR and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Jasmine Quintera Russell,
Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Heather Flanagan Ross,
Assistant Attorney General, Tallahassee, for Appellee.
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