K.M.W. v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED K.M.W., A CHILD, Appellant, v. Case No. 5D17-1735 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 12, 2018 Appeal from the Circuit Court for Orange County, Sally D.M. Kest, Judge. James S. Purdy, Public Defender, and Kristen D. Dukes, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See D.R. v. State, 178 So. 3d 478, 482 (Fla. 4th DCA 2015) (holding that explaining trial court’s reasons for departure from DJJ recommendation is not required for court’s initial decision of whether to commit juvenile even when DJJ recommends probation; findings are required only when court departs from recommended restrictiveness level of commitment); see also D.G. v. State, 170 So. 3d 1, 3-4 (Fla. 2d DCA 2015); J.B.S. v. State, 90 So. 3d 961, 967 (Fla. 1st DCA 2012). EVANDER, BERGER and EDWARDS, JJ., concur. 2

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