M. T. G., JR., A CHILD vs State of Florida
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA M. T. G., JR., a child, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-5871 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 26, 2015. An appeal from the Circuit Court for Baker County. Phyllis M. Rosier, Judge. Nancy A. Daniels, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Jillian H. Reding and Angela R. Hensel, Assistant Attorneys General, Tallahassee. PER CURIAM. M.T.G. appeals the trial court’s disposition order adjudicating him delinquent and committing him to the custody of the Department of Juvenile Justice for placement in a low-risk residential program. He argues that the trial court improperly departed from the Department’s recommendation of probation without providing sufficient reasons in violation of E.A.R. v. State, 4 So. 3d 614 (Fla. 2009), and by imposing commitment without input from the Department on the appropriate restrictiveness level. Resolution of both issues is controlled by our decision in B.K.A. v. State, 122 So. 3d 928 (Fla. 1st DCA 2013). Accordingly, we AFFIRM the trial court’s decision to adjudicate Appellant delinquent, but as conceded by the State on the second issue, we REVERSE the particulars of the commitment and REMAND with instructions for the trial court to receive a recommendation from the Department regarding a restrictiveness level before committing Appellant. LEWIS, C.J., RAY and KELSEY, JJ., CONCUR. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
