KENNETH PICKERILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that the trial court erred by failing to provide written reasons for imposing adult sanctions and by proceeding without the appellant present.
Appellant, a juvenile, was convicted of nine felonies. The trial court sentenced him as an adult on five and as a delinquent on four, but failed to pr…
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.
Explore caselaw by topic → Browse Sentencing as Adults cases and more on FLexlaw
PER CURIAM.
This is a timely appeal from a judgment of conviction and sentences involving nine felonies. Since appellant was only seventeen years of age, the trial court elected to sentence appellant as an adult on five of the felonies, and adjudge him delinquent on four felonies. Accordingly, the court committed appellant to the custody of H.R.S. to serve four years probation on each of four felonies, and sentenced him as an adult to four years probation with conditions. The imposition of the adult sanctions is the subject of this appeal.
In imposing adult sanctions on appellant, a juvenile, the trial court failed to set forth in writing the reasons for imposing adult sanctions as required by section 39.-lll(6)(d), Florida Statutes (1983). In an effort to correct that oversight, we relinquished jurisdiction to the trial court to make this required record. Appellant requested that he be allowed to be present at the consideration of grounds for imposing adult sanctions. However, the court proceeded without his being present. We believe that was error. Accordingly, we reverse the sentence in its entirety and remand the cause to the trial court with directions to resentence appellant, giving due consideration to the propriety of sentencing him to both adult and juvenile sanctions. If adult sanctions are imposed, the trial court is directed to follow the dictates of section 39.111(6)(c) and (d) and consider the required criteria and make the required findings in writing. Furthermore, appellant shall be afforded an. opportunity to be present at resentencing.
REVERSED AND REMANDED with directions.
HERSEY, C.J., and DOWNEY and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Henschke v. State, 556 So. 2d 409 (Fla. 1st DCA 1989)…(7)(d), Florida Statutes. The state candidly concedes error1 but says that it is not necessary to return the defendant to the trial court for resentencing. We disagree. The defendant is entitled to be present at resentencing. See Pickerill v. State, 493 So. 2d 1096 (Fla. 4th DCA 1986). Accordingly, we reverse the sentence and remand with directions to resentence, giving due consideration to the requirements of Section 39.111(7). The defendant shall have the right to be present and be heard at the resentencin…