State v. J.P.C

We have for review J.P.C. v. State, 712 So. 2d 1229 (Fla. 1st DCA 1998), based on conflict with D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash J.P.C. J.P.C. pled nolo contendere to a charge of throwing a deadly missile (a rock) into a moving vehicle, and the Department of Juvenile Justice recommended community control. The trial court rejected the Department's recommendation and committed him to the custody of the Department in low-risk placement. The First District held that under section 39.052(4)(e)2, Florida Statutes (Supp. 1996), the trial court erred in imposing low-risk commitment without first seeking a second recommendation from the Department. J.P.C., 712 So. 2d at 1231. In so holding, the First District recognized that ""[i]n D.L.B. v. State, 707 So.2d 844 (Fla. 2d DCA 1998), the Second District . . . concluded [that] the statute does not require the trial court to ask for a second recommendation once it has rejected the Department's non-commitment recommendation."" J.P.C., 712 So. 2d at 1231.