STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
JAMES K. GIBRON, APPELLEE/CROSS-APPELLANT

Fla. 2d DCA | 1985-11-13
No. 84-2806
SCHEB, A.C.J., and HALL, J., concur.
478 So. 2d 475 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 18 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.


Holding

The court held that the trial court's written order satisfied the requirements for imposing adult sanctions, but the sentence imposed was illegal because it was not authorized under the Youthful Offender Act and the court failed to adjudicate guilt as required by statute if not sentenced under the Act.


Headnotes

[1] A trial court's written order rejecting sentencing a defendant as a juvenile and imposing adult sanctions satisfies statutory requirements if it includes the reasons for…

[2] A trial court does not abuse its discretion in failing to treat a defendant as a juvenile if the court's written order adequately articulates reasons for imposing adult s…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

A seventeen-year-old defendant was involved in a fatal car accident and charged with DUI manslaughter. The trial court withheld adjudication of guilt …

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.


Opinion of the Court
OTT, Judge.

OTT, Judge.

The state appeals the failure of the trial court to enter an adjudication of guilt. The defendant cross-appeals his sentencing as an adult. We vacate the sentence as illegal and remand for resentencing.

Defendant was involved in an automobile accident which resulted in a single death. Defendant was seventeen years old when the accident occurred, making him eligible for treatment as a juvenile under the dictates of Chapter 39, Florida Statutes (1983). An information was filed charging defendant with DUI manslaughter and manslaughter culpable negligence, causing defendant to be treated as an adult, pursuant to section 39.04(2)(e)(4).

Defendant pled nolo contendere as charged. The trial court withheld adjudication and sentenced defendant to ten years’ probation, the first two years to be served in a community control program, stating that he was sentencing defendant as an “adult.” The trial court failed to enter a written order as required by section 39.111 reciting the reasons for the decision to impose adult sanctions. See State v. Rhoden, 448 So. 2d 1013 (Fla.1984). Upon agreement of the parties, this court relinquished jurisdiction for that purpose, and the court subsequently rendered a written order on April 12, 1985.

We hold that the trial court’s order of April 12, 1985, satisfies the requirements of section 39.111. The order clearly rejected sentencing defendant as a juvenile. The court’s reasons for imposing adult sanctions were included in the order. The record and the order show that the court’s decision to sentence defendant as an adult was made by reference to the six criteria appearing in section 39.111(6)(e). Appellant had no previous record and his history was good. The failure to specifically refer to one or more of the six areas of consideration is not fatal to the trial court’s conclusion that its findings on the remainder warranted treatment as an adult. The trial court did not abuse its discretion in failing to treat defendant as a juvenile.

The state argues that the trial court ignored the dictates of section 316.656(1), Florida Statutes (1983), which prohibits the court from withholding adjudication of guilt for manslaughter resulting from the operation of a motor vehicle. Defendant urges that the court did not err in withholding adjudication because it intended to sentence defendant pursuant to the Florida Youthful Offender Act, Chapter 958, Florida Statutes (1983).

Section 958.05 provides sentencing alternatives to other criminal penalties authorized by law if the court classifies a person a youthful offender. These alternatives include withholding adjudication of guilt, a maximum of four years’ imprisonment, and service of not more than two years in a community control program. These alternatives are the exclusive penalties available when a person is classified a youthful offender. Consequently, if the court had so classified defendant in this case, section 316.656(1) would be inapplicable. Cf. Patterson v. State, 408 So. 2d 785 (Fla. 2d DCA 1982) (defendant sentenced under Youthful Offender Act cannot be given minimum mandatory sentence for possession of firearm).

Sentencing under the Youthful Offender Act is discretionary. See Bell v. State, 429 So. 2d 403 (Fla. 1st DCA 1983). While it may be said that defendant meets the threshold requirements of section 958.-04(1) for classification as a youthful offender, the fact remains the court made no such finding. There is no statement that defendant was being sentenced as a youthful offender and the trial court made no mention of Chapter 958 or its provisions.

The court clearly announced its intention to treat defendant as an “adult,” but Chap ter 958 is an “adult” sanction. § 958.-04(l)(a), Fla.Stat. (1983). Defendant’s sentence of ten years’ probation is not one authorized under the Youthful Offender Act and would be an illegal sentence if sentence was intended thereunder. At the same time, the trial court had no authority to withhold adjudication of guilt if it intended to sentence defendant outside of Chapter 958. The withholding of adjudication together with the imposition of two years in community control would be consistent with a youthful offender sentence.

Since the sentence, as imposed, is illegal whether or not under Chapter 958, we vacate defendant’s sentence and remand for resentencing. Section 316.656(1) requires an adjudication of guilt if defendant is not classified a youthful offender. Finally, in light of the Florida Supreme Court’s recent pronouncement in Houser v. State, 474 So. 2d 1193 (Fla.1985), we point out that defendant cannot be convicted of and sentenced for both charges since he caused only one death.

SENTENCE VACATED AND REMANDED FOR RESENTENCING.

SCHEB, A.C.J., and HALL, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Neilsen Arelen Wilhelm v. State, 543 So. 2d 434 (Fla. 2d DCA 1989)
    …r later, on Mr. Wilhelm’s motion to correct illegal sentence as to the last two counts, the trial court correctly determined that those sentences were illegal and should be set aside. See Houser v. State, 474 So. 2d 1193 (Fla.1985); State v. Gibron, 478 So. 2d 475 (Fla. 2d DCA 1985). The trial court ordered that the sentence imposed on the last two counts be “merged” with those imposed on the first two counts. The trial court then, sua sponte, set aside the sentence of seven years’ imprisonment originally imp…
  • Glenn v. State, 537 So. 2d 611 (Fla. 2d DCA 1988)
    …in Carawan to prohibit the imposition of separate sentences for possession, delivery, and trafficking in the same illegal drug. Campbell v. State, 517 So. 2d 696 (Fla. 2d DCA 1987). .See Houser v. State, 474 So. 2d 1193 (Fla.1985); State v. Gibron, 478 So. 2d 475 (Fla. 2d DCA 1985).…
  • Kraus v. State, 491 So. 2d 1278 (Fla. 2d DCA 1986)
    …the two counts of manslaughter stemmed from a single death, and thus that multiple convictions and sentences are impermissible. If these allegations are true, Kraus is entitled to relief. Houser v. State, 474 So. 2d 1193 (Fla.1985). State v. Gibron, 478 So. 2d 475 (Fla. 2d DCA 1985). Despite Kraus’ plea (entered prior to the Houser and Gibron decisions), which was not appealed, this double jeopardy argument may properly be raised via a motion for post-conviction relief. Cantrell v. State, 405 So. 2d 986 (Fla.…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw