PAUL LEACH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a juvenile prosecuted as an adult must be sentenced following specific statutory procedures, including consideration of a predisposition report.
A juvenile was prosecuted and convicted as an adult. The trial court sentenced him without obtaining and considering a predisposition report as requir…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Predisposition Report cases and more on FLexlaw
GRIMES, Judge.
Appellant, a juvenile at the time of the offense with which he was charged, was prosecuted and convicted as an adult. He contends on appeal that the trial court erred in sentencing him without following the procedures set out in section 39.111(6), Florida Statutes (1979).
Section 39.111(6)(a) requires that a trial court, when imposing adult sanctions on a juvenile convicted of a crime, receive and consider a predisposition report prepared by Department of Health and Rehabilitative Services. The record here reveals that the trial judge failed to receive and consider such a report, and the statute clearly states that the guidelines to be followed are to be deemed mandatory. § 39.111(6)(j). The existence of a PSI prepared by the Department of Corrections did not suffice because the purpose of a predisposition report is somewhat different than that of a PSI, and the two reports are prepared by different departments having different perspectives.
We affirm the judgment of the trial court but vacate the sentence and remand for resentencing pursuant to the provisions of section 39.111(6)(a), Florida Statutes (1979). Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979); Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979).
HOBSON, A. C. J., and SCHOONOVER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Learnhart Rhoden, 448 So. 2d 1013 (Fla. 1984)…urt of Appeal’s decisions in Burley v. State, 402 So. 2d 73 (Fla. 5th DCA 1981), and Dunman v. State, 400 So. 2d 838 (Fla. 5th DCA 1981). The district court’s decision is supported by Sawyer v. State, 421 So. 2d 4 (Fla. 3d DCA 1982); Leach v. State, 407 So. 2d 1066 (Fla. 2d DCA 1981); Batch v. State, 405 So. 2d 302 (Fla. 4th DCA 1981); Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979); and Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979). The state contends that the issue is whether the trial court’s non…
-
Hammonds v. State, 543 So. 2d 337 (Fla. 4th DCA 1989)…d remanded for a new sentencing hearing in compliance with section 39.111(7), Florida Statutes (1987) because (1) the trial court imposed adult sanctions when the court [*339] had not received or considered the predisposition report. Leach v. State, 407 So. 2d 1066 (Fla. 2d DCA 1981); (2) the trial court did not make specific findings of fact addressing each of the statutorily dictated criteria in deciding to impose adult sanctions. State v. Rhoden, 448 So. 2d 1013 (Fla.1984); West v. State, 503 So. 2d 435 (Fl…
-
Sawyer v. State, 421 So. 2d 4 (Fla. 3d DCA 1982)…da Statutes (1979) prescribes the mandatory sentencing procedures to be followed by the trial court when jurisdiction of a juvenile defendant has been transferred from Juvenile Court to the Criminal Division of the Circuit Court. See Leach v. State, 407 So. 2d 1066 (Fla.2d DCA 1981); Johnson v. State, 371 So. 2d 556 (Fla.2d DCA 1979). The trial court, in sentencing appellant, failed to include specific reference to the six criteria contained in the statute (which deal with the suitability of adult sanctions),…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979)
- Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979)