RAYMOND C. CHRISTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court vacated juvenile's adult criminal sentences for burglary because the trial court failed to adequately address the statutory criterion of sophistication and maturity under section 39.111(6)(c)4, Florida Statutes.
A trial court must fully comply with all six statutory criteria in section 39.111(6)(c), Florida Statutes, when imposing adult sanctions on a juvenile, including explicit consideration of the juvenile's sophistication, maturity, home environment, and emotional attitude.
[1] When imposing adult sanctions on a juvenile offender under section 39.111(6), Florida Statutes, a trial court must address all six statutory criteria in writing with spec…
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Join FLexlaw to unlock all legal intelligenceRaymond Christy, a juvenile offender, entered nolo pleas to burglary charges and received adult criminal sanctions from the trial court.…
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WENTWORTH, Judge.
Appellant is a juvenile offender who seeks review of the court’s imposition of adult criminal sanctions after nolo pleas to burglary charges. We find that the court erred by imposing such sanctions without fully complying with the requirements of section 39.111(6), Florida Statutes. We therefore vacate appellant’s sentences and remand the cause for resentencing.
Section 39.111(6)(c), Florida Statutes, provides that the suitability of adult sanctions for a juvenile offender shall be determined by reference to six specific listed criteria. Section 39.111(6)(d), Florida Statutes, requires that a decision to impose adult sanctions be expressed in writing, with a specific finding of fact and the reasons for the decision, in conformity with each of the listed criteria. In the present case the court did enter written orders with specific findings; however, these orders do not address, and the record does not reveal a thorough consideration of, appellant’s “sophistication and maturity ... his home, environmental situation, emotional attitude, and pattern of living” as specified by section 39.111(6)(c)4, Florida Statutes. While the court did substantially comply with the statutory directive by addressing the 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 resentencing. 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987)…in imposing adult sanctions. Thus, the sentence must be vacated and the cause remanded. See State v. Rhoden, 448 So. 2d 1013 (Fla.1984); Johnson v. State, 477 So. 2d 56 (Fla. 5th DCA 1985), review denied, 486 So. 2d 596 (Fla.1986); Christy v. State, 489 So. 2d 858 (Fla. 1st DCA 1986) (trial court’s failure to address provision dealt with here cause for reversal). Posey’s contention concerning the court costs has been dealt with by this court previously in Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986), an…
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Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989)…been to no avail, and that he was an extreme risk to the safety of the public. The appellate court reversed and remanded for resen-tencing because the order failed to address in any manner the criterion under subsection (c)(4). In Christy v. State, 489 So. 2d 858 (Fla. 1st DCA 1986), although the written order on adult sanctions addressed five of the six criteria, this court reversed and remanded because neither the order nor the record revealed a thorough consideration of subsection (c)(4). See also, Walker…
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West v. State, 503 So. 2d 435 (Fla. 4th DCA 1987)…ern of living.” § 39.111(6)(c)4., Fla.Stat. (1985). Numerous decisions have held that it is reversible error 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 appella…
Previewing 3 of 5 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)
- Akrivos v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985)
- Grady Upshaw v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985)