MOSES DIXON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Waiver Of Procedural Rights cases and more on FLexlaw
PER CURIAM.
The judgments of conviction and sentences under review are affirmed upon a holding that: (a) the defendant, a juvenile, voluntarily entered into a plea negotiation agreement below wherein he pled nolo contendere to the charges and agreed that the court would order a pre-sentence investigation report and thereafter sentence him to no more than five years imprisonment, (b) the defendant was sentenced in accord with the plea negotiation agreement to five years imprisonment (concurrent terms on both charges) after the court reviewed a pre-sentence investigation report ordered in the case, and (c) by voluntarily agreeing to be sentenced as an adult and by not properly objecting to the imposition of sentence below, the defendant has waived his procedural right to written trial court findings on the suitability of adult sanctions, § 39.-lll(6)(c), (d), Fla.Stat. (1983), and to a predisposition report on whether he should be treated as a juvenile for dispositional purposes. § 39.111(6)(a), Fla.Stat. (1983). Glenn v. State, 411 So. 2d 1367 (Fla. 5th DCA 1982). '
Affirmed.
The defendant has filed a motion for rehearing in which he relies on State v. Rhoden, 448 So. 2d 1013 (Fla.1984), and Rathbone v. State, 448 So. 2d 85 (Fla. 2d DCA 1984) [decided subsequent to our original decision in this cause] for the proposition that it is fundamental error for a trial court to impose adult sanctions on a juvenile defendant without making written trial court findings on the suitability of adult sanctions as required by Section 39.-lll(6)(c), (d), Florida Statutes (1983), whether the adult sanctions are imposed after a trial or, as here, upon a plea of guilty or nolo contendere. We entirely agree and therefore grant the defendant’s motion for rehearing, affirm the judgments of conviction under review, reverse the sentences under review and remand for resentencing in compliance with Section 39.-lll(6)(c), (d), Florida Statutes (1983).
Affirmed in part; reversed in part and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990)…reference by the state as to the plea bargain and a possible waiver. Compare Broome; hut cf., Pendarvis v. State, 400 So. 2d 494 (Fla. 5th DCA 1981). 509 So. 2d at 1351. See also Rathbone v. State, 448 So. 2d 85 (Fla. 2d DCA 1984); Dixon v. State, 451 So. 2d 485 (Fla. 3d DCA), rev. denied, 458 So. 2d 274 (Fla.1984). See Taylor v. State 534 So. 2d 1181 (Fla. 4th DCA 1988). But see Davis v. State, 528 So. 2d 521 (Fla. 2d DCA), rev. denied, 536 So. 2d 243 (Fla.1988). A juvenile can waive his rights under sect…
-
Matrion Croskey v. State, 601 So. 2d 1326 (Fla. 2d DCA 1992)…egard to the procedure set forth in section 39.111(6), even though the sentence was entered pursuant to a negotiated plea. Other districts have agreed with this approach. See e.g. Taylor v. State, 534 So. 2d 1181 (Fla. 4th DCA 1988); Dixon v. State, 451 So. 2d 485 (Fla. 3d DCA 1984); E.C. v. State, 445 So. 2d 661 (Fla. 1st DCA 1984). The supreme court, in State v. Rhoden, 448 So. 2d 1013, 1016 (Fla.1984), has recognized that juveniles have the right to be treated differently from adults under the juvenile ju…
-
Cooper v. State, 465 So. 2d 1334 (Fla. 4th DCA 1985)…possible to reach the issue of an illegal sentence by way of collateral attack under rule 3.850, Florida Rules of Criminal Procedure, by direct attack upon appeal, or by exceptional writ, depending upon the circumstances. See, e.g., Dixon v. State, 451 So. 2d 485 (Fla. 3d DCA 1984). Thus, recognizing appellant’s right to appeal, we vacate the sentence and remand for resentencing pursuant to section 39.-111(6), Florida Statutes. Sawyer v. State, 421 So. 2d 4 (Fla. 3d DCA 1982). REVERSED AND REMANDED. LETTS…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Learnhart Rhoden, 448 So. 2d 1013 (Fla. 1984)
- Val Lee Rathbone v. State, 448 So. 2d 85 (Fla. 2d DCA 1984)
- Glenn v. State, 411 So. 2d 1367 (Fla. 5th DCA 1982)