GRADY UPSHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s conviction but reverse his sentence for (1) failure of the trial court to explicate in writing, pursuant to section 89.111(6), Florida Statutes, the factors enumerated in the statute and reasons for the decision to impose adult sanctions, Cooper v. State, 465 So. 2d 1334 (1985); (2) failure of the record to confirm that the trial court referred to all six of the criteria mentioned in the statute (particularly, subsections (c)(4) and (c)(5)), Murray v. State, 382 So. 2d 765 (Fla. 2d DCA 1980); and (3) failure of the record to disclose that a predisposition report was considered by the trial court. See Leach v. State, 407 So. 2d 1066 (Fla. 2d DCA 1981). We therefore remand for resentencing.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
DOWNEY, HERSEY and BARKETT, JJ., concur.
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West v. State, 503 So. 2d 435 (Fla. 4th DCA 1987)…r not to make findings addressed to each of the six criteria. See, e.g., Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987); Christy v. State, 489 So. 2d 858 (Fla. 1st DCA 1986); Cooper v. State, 465 So. 2d 1334 (Fla. 4th DCA 1985); Upshaw v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985). Accordingly, the sentence must be vacated and the case remanded with directions that the trial court resen-tence appellant. If the trial court again decides to sentence appellant as an adult, it should enter a written order whic…
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Christy v. State, 489 So. 2d 858 (Fla. 1st DCA 1986)…other listed criteria, we conclude that in the circumstances presented the absence of any reference to appellant’s “sophistication and maturity” as delineated by section 39.-lll(6)(c)4, Florida Statutes, requires resen-tencing. See Upshaw v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985); Murray v. State, 382 So. 2d 765 (Fla. 2d DCA 1980). The sentences appealed are vacated and the cause remanded. MILLS and NIMMONS, JJ., concur.…
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Michiah Banks v. State, 520 So. 2d 43 (Fla. 1st DCA 1987)…nks v. State, supra, by the language of section 39.111(6)(d), and by case law requiring consideration of all six criteria. See Christy v. State, 489 So. 2d 858 (Fla. 1st DCA 1986); Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987); Upshaw v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985). Further, the trial court’s order failed to cite specific reasons for its decision to impose adult sanctions, as required by section 39.-111(6)(d), but instead merely restated four of the factors listed in subsection (6)(c). On r…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Murray v. State, 382 So. 2d 765 (Fla. 2d DCA 1980)
- Cooper v. State, 465 So. 2d 1334 (Fla. 4th DCA 1985)
- Richmond Willie Green, Jr. v. State, 407 So. 2d 1066 (Fla. 2d DCA 1981)
- Leach v. State, 407 So. 2d 1066 (Fla. 2d DCA 1981)