HAROLD EDWARD STALLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1172] PER CURIAM.
The State filed an information against Harold Stallins, a juvenile, pursuant to Section 39.04(2)(e)4, Florida Statutes (1979). Stallins contends that the trial court committed reversible error in not sentencing him pursuant to Section 39.111(6)(c)l-6, Florida Statutes (1979).
Section 39.111(6), Florida Statutes (1979), requires that a trial court, when imposing adult sanctions on a juvenile, make findings of fact and evaluate the juvenile based on the criteria in Section 39.111(6)(c), Florida Statutes (1979). The record here reveals that Stallins was not sentenced in conformance with that statute.
There being no merit to the other point raised on appeal, we affirm the judgment of the trial court but vacate the sentence. The case is remanded for resentencing pursuant to Section 39.111(6). State v. Cain, 381 So. 2d 1361 (Fla.1980).
GRIMES, Acting C. J., and RYDER and CAMPBELL, JJ., concur.
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Citator
Cited By
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G. D. W. v. State, 395 So. 2d 638 (Fla. 2d DCA 1981)…prosecution and conviction, the judge is required to consider and make written findings of fact on the specific criteria contained in section 39. Ill (6)(c) together with the reasons for the imposition of adult penalties. See also Stallins v. State, 385 So. 2d 1171 (Fla. 2d DCA 1980); Murray v. State, 382 So. 2d 765 (Fla. 2d DCA 1980); Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979). .Rice v. State, 311 So. 2d 193 (Fla. 2d DCA 1975), held that absent a proper transfer from the juvenile to the adult divisi…
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Bunch v. State, 399 So. 2d 471 (Fla. 2d DCA 1981)…res that the trial court make specific factual findings based upon the criteria enumerated in that section. The record in the instant case does not reveal the required written findings of fact, and we must vacate the sentence. See Stallins v. State, 385 So. 2d 1171 (Fla. 2d DCA 1980). However, there being no merit to the other point raised on appeal, the judgment is affirmed and the cause remanded only for resentencing in accordance with section 39.-111(6). BOARDMAN, Acting C. J., and OTT and DANAHY, JJ., co…
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Jenkins v. State, 386 So. 2d 1302 (Fla. 4th DCA 1980)…al court is obligated, when imposing adult sanctions on a juvenile as was done here, to make findings of fact and evaluate the juvenile based on the criteria set out in Section 39.111(6). State v. Cain, 381 So. 2d 1361 (Fla.1980); Stallins v. State, 385 So. 2d 1171 (Fla.2d DCA 1980). But see Postell v. State, 383 So. 2d 1159 (Fla.3d DCA 1980). Accordingly, the sentence of the appellant is hereby vacated and this cause is remanded for further proceedings in accord herewith. LETTS, C. J., and ANSTEAD and HER…
Authorities Cited
- State v. Cain, 381 So. 2d 1361 (Fla. 1980)