KELVIN L. MURRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Section 39.111(6)(d), Florida Statutes (1979), requires that a trial court, when imposing adult sanctions on a juvenile convicted of a crime, make findings of fact and set forth reasons showing those sanctions to be in conformity with the criteria of Section 39.111(6)(c). The record here reveals that the trial judge failed to refer to all of the six criteria mentioned in that section when he sentenced appellant.
We affirm, the judgment of the trial court, but vacate the sentence and remand for resentencing pursuant to Section 39.-111(6). See Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979); Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979).
SCHEB, Acting C. J., and OTT and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Bret Edmund Jano, 524 So. 2d 660 (Fla. 1988)…tatement is not spelled out as a statutory requirement of this exception. The excited utterance exception is not a new theory of Florida evidence but rather one of a group of exceptions subsumed under the old term of “res gestae.” State v. Johnson, 382 So. 2d 765 (Fla. 2d DCA 1980); 1 F. Read, Read’s Florida Evidence 693 (1987). The essential elements necessary to fall within the excited utterance exception are that (1) there must be an event startling enough to cause nervous excitement; (2) the statement mu…
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Deparvine v. State, 995 So. 2d 351 (Fla. 2008)…Florida’s evidence code in criminal cases,6 the spontaneous statement and excited utterance exceptions were parts of a group of exceptions subsumed under the term “res ges-tae.” State v. Jano, 524 So. 2d 660, 661 (Fla.1988) (citing State v. Johnson, 382 So. 2d 765 (Fla. 2d DCA 1980); 1 Frank T. Read, Read’s Florida Evidence 693 (1987)). “The term res gestae seems to have come into common usage in discussions of admissibility of statements accompanying material acts or situations in the early 1800s.” 2 McCormi…
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Dorvil Charlot v. State, 679 So. 2d 844 (Fla. 4th DCA 1996)…in 1976, excited utterance was one of several exceptions to the hearsay rule known as “res gestae.” Jano, 524 So. 2d at 661. The adoption of the evidence code brought a change in terminology but did not change the rule of evidence. State v. Johnson, 382 So. 2d 765 (Fla. 2d DCA 1980). In Green v. State, 93 Fla. 1076, 113 So. 121, 123 (Fla.1927), our supreme court stated that, “if the supposed statement, exclamation, or spontaneous utterance takes the form of a narrative of a past event, it is very well establi…
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- Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979)
- Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979)