E.D.P. v. State, 728 So. 2d 1173 (Fla. 1st DCA 1998). · Go Syfert
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E.D.P. v. State, 728 So. 2d 1173 (Fla. 1st DCA 1998). Cases Citing This Book View Copy Cite
14 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: TRAVIS L. GORDON v. STATE OF FLORIDA (fladistctapp, 2019-12-11)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) TRAVIS L. GORDON v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
In addition, use of a lethal weapon is sufficient to support a finding of premeditation where the victim did not provoke the attack and the wounds were inflicted immediately and at close range “and thus unlikely to have struck the victim unintentionally.” Alcott v. State, 728 So. 2d 1173, 1175 (Fla. 4th DCA 1998).
discussed Cited as authority (rule) Richard Barnes v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
See Griffin v. State, 474 So.2d 777, 780 (Fla. 1985) (during commission of armed robbery, defendant shot store clerk twice, without provocation, even though clerk had complied with defendant’s demands); Squires v. State, 450 So.2d 208, 212-13 (Fla. 1984) (after abducting victim from service station and robbing him of undetermined amount of money and cigarettes, defendant shot victim first with shotgun and then four times with revolver at extremely close range); Washington v. State, 432 So.2d 44, 47 (Fla. 1983) (while deputy was questioning driver during investigatory stop, defendant got out …
discussed Cited as authority (rule) Richard Barnes v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
See Griffin v. State, 474 So. 2d 777, 780 (Fla. 1985) (during commission of armed robbery, defendant shot store clerk twice, without provocation, even though clerk had complied with defendant’s demands); Squires v. State, 450 So. 2d 208, 212-13 (Fla. 1984) (after abducting victim from service station and robbing him of undetermined amount of money and cigarettes, defendant shot victim first with shotgun and then four times with revolver at extremely close range); Washington v. State, 432 So. 2d 44, 47 (Fla. 1983) (while deputy was questioning driver during investigatory stop, defendant got o…
discussed Cited "see" L.A.S. v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See E.D.P. v. State, 23 Fla.L.Weekly D348, — So.2d -, 1998 WL 25483 (Fla. 1st DCA Jan. 27, 1998), review pending, No. 92,345 (Fla. Feb. 11, 1998); see also P.A. v. State, 23 Fla.L.Weekly D429, — So.2d -, 1998 WL 31505 (Fla. 1st DCA Jan. 30, 1998), review pending, No. 92,344 (Fla. Feb. 11, 1998); L.R.J. v. State, 706 So.2d 72 (Fla. 1st DCA 1998).
E.D.P., a Child
v.
STATE of Florida
No. 97-2953.
District Court of Appeal of Florida, First District.
Jan 27, 1998.
728 So. 2d 1173
Nancy A Daniels, Public Defender; and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant., Robert A Butterworth, Attorney General; and Kristina White, Assistant Attorney General, Tallahassee, for Appellee.
Allen, Davis, Webster.
Cited by 8 opinions  |  Published
DAVIS, Judge.

Appellant was adjudicated delinquent for possession of less than twenty grams of marijuana. The Department of Juvenile Justice had filed a predisposition report recommending Appellant be placed on community control, but the trial court rejected the recommendation and imposed a low-risk commitment without receiving a further recommendation from the Department as to a restrictiveness level. This was an error. See J.P.M. v. State, 688 So.2d 458 (Fla. 1st DCA 1997); S.R. v. State, 683 So.2d 576 (Fla. 1st DCA 1996). Consequently, we reverse the order of commitment and remand for further proceedings consistent with this opinion. However, we certify the following as a question of great public importance:

DOES THE TRIAL JUDGE, ACTING AFTER A DISPOSITION HEARING AND BASED ON SPECIFIC REASONS, HAVE AUTHORITY TO REJECT THE DEPARTMENT’S COMMUNITY CONTROL RECOMMENDATION WITHOUT REMANDING THE CASE TO THE DEPARTMENT FOR AN ALTERNATIVE RECOMMENDATION?
ALLEN and WEBSTER, JJ., concur.