ROBERT H. BUNCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Juvenile Transfer To Adult Court cases and more on FLexlaw
PER CURIAM.
The state charged appellant, a juvenile, as an adult pursuant to section 39.-04(2)(e)(4), Florida Statutes (1979). After appellant pled nolo contendere, the trial court sentenced appellant as an adult. When a juvenile is sentenced as an adult, section 39.111(6), Florida Statutes (1979), requires 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., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pimentel v. State, 442 So. 2d 228 (Fla. 3d DCA 1983)…ered each criterion and analyzed it in light of the facts of this case to reach its conclusion that the defendant should be sentenced as an adult. . We would also add to that list Sawyer v. State, 421 So. 2d 4 (Fla. 3d DCA 1982) and Bunch v. State, 399 So. 2d 471 (Fla. 2d DCA 1981). . Even if this distinction did not exist, we would reach today’s conclusion based on the supreme court opinion in Thompson v. State, supra.…
-
Glenn v. State, 411 So. 2d 1367 (Fla. 5th DCA 1982)…ild to appellate review pursuant to s. 39.14. (Emphasis supplied). Where this procedure has not been followed, the appellate courts have vacated the sentences and remanded the proceedings to the trial court for resentencing. [*1369] Bunch v. State, 399 So. 2d 471 (Fla. 2d DCA 1981); Murray v. State, 382 So. 2d 765 (Fla. 2d DCA 1980); Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979); Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979). Even where no objection was made in the trial court, our sister court h…
Authorities Cited
- Stallins v. State, 385 So. 2d 1171 (Fla. 2d DCA 1980)