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S.M.W. v. State

Citations: 894 So. 2d 301; 2005 Fla. App. LEXIS 2051; 2005 WL 415973Docket: No. 4D03-4417

Court: District Court of Appeal of Florida; February 22, 2005; Florida; State Appellate Court

Narrative Opinion Summary

S.M.W. appeals an order committing her to a level 8, high-risk residential facility, contesting deficiencies in the disposition order and the deviation from the Department of Juvenile Justice's (DJJ) probation recommendation. The court affirms the level 8 commitment but remands the case to the trial court with instructions to amend the disposition order to credit S.M.W. for the time spent in secure detention, referencing C.C. v. State, 841 So.2d 657 (Fla. 4th DCA 2003). The decision is affirmed with concurrence from Judges Gunther, Stone, and Stevenson.

Legal Issues Addressed

Commitment to High-risk Residential Facility

Application: The court upholds the decision to commit S.M.W. to a level 8, high-risk residential facility, despite her appeal contesting deficiencies in the disposition order.

Reasoning: The court affirms the level 8 commitment but remands the case to the trial court with instructions to amend the disposition order...

Credit for Time in Secure Detention

Application: The trial court is instructed to amend the disposition order to credit S.M.W. for time spent in secure detention.

Reasoning: ...remands the case to the trial court with instructions to amend the disposition order to credit S.M.W. for the time spent in secure detention...

Deviation from Probation Recommendation

Application: The court's decision deviates from the Department of Juvenile Justice's probation recommendation, yet the court affirms the commitment.

Reasoning: ...contesting deficiencies in the disposition order and the deviation from the Department of Juvenile Justice's (DJJ) probation recommendation.

Precedential Support for Amending Disposition Order

Application: The instruction to amend the disposition order references a prior case, C.C. v. State, supporting the need to credit time spent in detention.

Reasoning: ...referencing C.C. v. State, 841 So.2d 657 (Fla. 4th DCA 2003).