NR v. State, 22 So. 3d 859 (Fla. 3d DCA 2009). · Go Syfert
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NR v. State, 22 So. 3d 859 (Fla. 3d DCA 2009). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Hearns v. State (fladistctapp, 2013-07-17)
Top citers, strongest first. 6 distinct citers.
cited Cited "see" Hearns v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Pittman v. State, 22 So.3d 859 (Fla. 3d DCA 2009).
discussed Cited "see" Griffis v. Florida Fish & Wildlife Conservation Commission
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Pittman v. State, 22 So.3d 859, 862 (Fla. 3d DCA 2009) (Defendant chárged with sexual battery could not be convicted of lewd or lascivious battery as a lesser-included offense, where nothing in the information alleged that the victim was 12 or older but less than 16, although such evidence was admitted at trial); Cogbill v. State, 940 So.2d 537, 539 (Fla. 1st DCA 2006) (“where an offense can be committed in more than one way, instructing the jury on an alternate theory not charged in the information constitutes fundamental error”); Rose v. State, 507 So.2d 630, 632 (Fla. 5th DCA 1987)…
cited Cited "see" JO v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Pittman v. State, 22 So.3d 859, 861 (Fla. 3d DCA 2009) (citing Ray v. State, 403 So.2d 956 (Fla. 1981)).
cited Cited "see" J.O. v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Pittman v. State, 22 So.3d 859, 861 (Fla. 3d DCA 2009) (citing Ray v. State, 403 So.2d 956 (Fla.1981)).
cited Cited "see, e.g." State v. A.C.
Fla. Dist. Ct. App. · 2010 · signal: see also · confidence low
Id.; see also N.R. v. State, 22 So.3d 859 (Fla. 5th DCA 2009) (reversing upward departure for noncompliance with E.A.R.).
cited Cited "see, e.g." State v. AC
Fla. Dist. Ct. App. · 2010 · signal: see also · confidence low
Id.; see also N.R. v. State, 22 So.3d 859 (Fla. 5th DCA 2009) (reversing upward departure for noncompliance with E.A.R. ).
N.R., a Child, Appellant,
v.
STATE of Florida, Appellee.
5D08-4328, 5D08-4329.
District Court of Appeal of Florida, Third District.
Dec 4, 2009.
22 So. 3d 859
Palmer.
Published

James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PALMER, J.

N.R. appeals the final orders entered by the trial court adjudicating him delinquent and committing him to a high-risk, level 10 commitment program, rejecting the Department of Juvenile Justice's (DJJ) recommended sentence of Level 6, moderate-risk commitment program. As the State properly concedes, reversal is required.

The Florida Supreme Court issued its opinion in E.A.R. v. State, 4 So.3d 614 (Fla.2009), while this appeal was in the pipeline. In that case, the Supreme Court set forth a more rigorous analysis for a trial court to follow before it can depart from DJJ's recommendation regarding placement. Understandably, the trial court's explanation for departing from the recommendation of the DJJ is not in accordance with this newly articulated standard. Accordingly, we reverse and remand for the entry of an order which complies with the requirements of E.A.R.

REVERSED and REMANDED.

MONACO, C.J. and SAWAYA, JJ., concur.