ARTHUR O'DERRELL FRANKLIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1985-07-15
No. AZ-194
ERVIN and BARFIELD, JJ., concur.
472 So. 2d 1303 Florida District Court of Appeal, First District (1985) Caution
Cited by 17 cases

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.

Synopsis

Arthur O'Derrell Franklin, 17 years old at the time of his crimes, was convicted of kidnapping, unarmed robbery, and sexual battery and sentenced as an adult. The Florida appellate court affirmed his convictions but vacated his sentences, holding that the trial court failed to comply with statutory requirements for imposing adult sanctions on a juvenile.


Holding

The overnight separation of jurors during deliberation did not warrant a new trial under the circumstances presented, as the jurors were explicitly cautioned and the separation was brief without capital felony considerations. However, the court's failure to provide a written statement addressing the specific statutory criteria in § 39.111(6) for imposing adult sanctions on a juvenile offender constitutes reversible error requiring resentencing.


Headnotes

[1] A court must provide a written statement detailing consideration of statutory criteria when imposing adult sanctions on a juvenile offender.

[2] Juror separation during deliberations does not require a new trial when the jurors are explicitly cautioned against external influences and the defendant's counsel does n…

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Key Quotes

“in imposing adult sanctions the court erred by failing to provide a written statement indicating a consideration of the criteria specified in § 39.-111(6), Florida Statutes”

Establishes the primary error on appeal regarding sentencing of juveniles as adults

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Facts & Procedural History

Franklin was 17 years old when he committed kidnapping, unarmed robbery, and multiple counts of sexual battery. He was tried on an information asserti…

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Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Appellant seeks review of convictions and sentences for the offenses of kidnapping, unarmed robbery, and multiple counts of sexual battery. Appellant was 17 years old when the offenses were committed and we find that in imposing adult sanctions the court erred by failing to provide a written statement indicating a consideration of the criteria specified in § 39.-111(6), Florida Statutes. We therefore vacate the sentences appealed and remand the cause for resentencing.

Appellant was tried upon an information which asserted, pursuant to § 39.04(2)(e)4, Florida Statutes, that “the public interest requires that adult sanctions be considered or imposed.” At the conclusion of the first day of trial the jury was permitted to separate for an overnight recess after being instructed by the court to avoid any exposure to discussion or information regarding the case.

The jury reconvened the next day and, after closing argument of counsel and instructions from the court, retired for deliberation of the verdict. As evening approached the court expressed concern for the jury’s comfort and suggested that if they were not close to reaching a verdict the jurors might “come back tomorrow.” In response to inquiry from the court, appellant’s counsel indicated a preference that the jury continue its deliberation.1 The court then allowed the jury to choose between continuing its deliberation or adjourning for the evening.

The jury chose to adjourn, and the court again cautioned the jury with explicit and extensive instructions to avoid any discussion or information regarding the case. The individual jurors were then allowed to separate for the evening.

Appellant asserts that the court erred by allowing the jurors to separate in the midst of deliberation. Fla.R.Crim.P. 3.370(b) provides that “jurors may separate for a definite time ... before retiring for consideration of their verdict.” However, the Rule does not contemplate juror separation during deliberation, and several cases have recognized that in certain contexts such a procedure may warrant a new trial. See e.g., Livingston v. State, 458 So. 2d 235 (Fla.1984); Raines v. State, 65 So. 2d 558 (Fla.1953). These opinions indicate a concern for the fairness of the proceeding and the danger of improper influence.

Unlike Livingston, the present case does not involve an extended period of juror separation or a trial for a capital felony accompanied by substantial publicity. And unlike Raines, in the present case the jurors were explicitly cautioned regarding their obligation to avoid external influences. In addition, apart from the qualified preference indicated, appellant’s counsel expressed no objection to the separation of the jurors in the present case.

We conclude that in the circumstances presented, as in Engle v. State, 438 So. 2d 803 (Fla.1983), the overnight separation of the jurors does not require a new trial as appellant was not deprived of any fundamental right. In imposing sentence the court noted its concern for the serious and violent nature of appellant’s offenses and the necessity of protecting the community from a recurrence of such conduct. But the court did not address, and the record does not indicate a full consideration of, the specific procedures and criteria enunciated in § 39.111(6), Florida Statutes. This enactment imposes a mandatory duty upon the court and, in the circumstances of the present case, requires that a decision to impose adult sanctions be accompanied by a written statement in conformity with the statutory criteria. See State v. Rhoden, 448 So. 2d 1013 (Fla.1984).

The court’s failure to comply with this statutory mandate requires that appellant’s sentence be vacated; on remand the court may again impose adult sanctions, if deemed appropriate, after considering the specified criteria and providing a written statement which comports with the requirements of § 39.111(6).

The judgments of conviction are hereby affirmed, but appellant’s sentences are vacated and the cause remanded for resentencing.

ERVIN and BARFIELD, JJ., concur. . Upon inquiry by the court appellant’s counsel stated that:

Your Honor, to be quite candid with the Court, I would prefer to let them deliberate tonight, whatever it takes, but, of course, it is whatever the Court's pleasure is.

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Citator

Cited By

  • Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989)
    …t must reduce that decision to writing, as required under section 39.111(7)(d).2 State v. Rhoden, 448 So. 2d 1013 (Fla.1984); Barkley v. State, 522 So. 2d 431 (Fla. 1st DCA 1988); Banks v. State, 520 So. 2d 43 (Fla. 1st DCA 1987); Franklin v. State, 472 So. 2d 1303 (Fla. 1st DCA 1985). A transcript which is made part of the appellate record, as in the present case,3 satisfies § 39.111(7)(d), if it contains the requisite findings of fact and reasons for the decision to impose adult sanctions. Pimentel v. State,…
  • Americo Junco and Ernesto R. Esquivel v. State, 510 So. 2d 909 (Fla. 3d DCA 1987)
  • Taylor v. State, 498 So. 2d 943 (Fla. 1986)
    …ned the next morning and found petitioner guilty as charged. The district court of appeal affirmed on the basis of Engle v. State, 438 So. 2d 803 (Fla.1983), cert. denied, 465 U.S. 1074, 104 S.Ct. 1430, 79 L.Ed.2d 753 (1984), and Franklin v. State, 472 So. 2d 1303 (Fla. 1st DCA 1985), rev. denied, 482 So. 2d 348 (Fla.1986), holding that it is not reversible error as a matter of law for a trial judge to permit a jury to separate after deliberations have begun in a noncapital case. It then certified the above q…

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