LARRY E. GRANDISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the sentence must be vacated because the trial court failed to provide written reasons for imposing adult sanctions.
Appellant was convicted of robbery without a weapon, forgery, and uttering a forgery. The trial court imposed adult sanctions without providing writte…
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PER CURIAM.
Grandison appeals his sentence following his conviction for robbery without a weapon, forgery and uttering a forgery.1 We vacate the sentence because the trial court failed to provide written reasons for imposing adult sanctions pursuant to section 39.111(6)(d), Florida Statutes (1985); State v. Rhoden, 448 So. 2d 1013 (Fla.1984); Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987); Johnson v. State, 477 So. 2d 56 (Fla. 5th DCA 1985), review denied, 486 So. 2d 596 (Fla.1986).
Upon remand, the trial court should consider a properly calculated scoresheet. Victim injury cannot be scored because it is not an element of robbery,2 however, the trial court may consider victim injury as a clear and convincing reason for departure. Vega v. State, 498 So. 2d 1294 (Fla. 5th DCA 1986).3
SENTENCE VACATED; REMANDED FOR RESENTENCING.
ORFINGER, SHARP and COWART, JJ., concur. . §§ 812.13(2)(c), 831.01, 831.02, Fla.Stat. (1985).
. Fla.R.Crim.P. 3.701(d)(7).
.See also Byrd v. State, 503 So. 2d 434 (Fla. 4th DCA 1987); Ritts v. State, 491 So. 2d 1252 (Fla. 2d DCA 1986).
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Keith v. State, 542 So. 2d 440 (Fla. 5th DCA 1989)…adult sanctions.” Absent waiver by the juvenile, the trial court must strictly comply with the terms of the statute. State v. Rhoden, 448 So. 2d 1013 (Fla.1984). See also See Johnson v. State, 508 So. 2d 526 (Fla. 5th DCA 1987); Grandison v. State, 506 So. 2d 74 (Fla. 5th DCA 1987); Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987). In this case, the trial court entered into the record an order entitled “Determination of the Suitability of Imposing Adult Sanctions” which set forth a checklist indicating t…
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Rumph v. State, 544 So. 2d 1150 (Fla. 5th DCA 1989)…e of robbery. We disagree. Florida Rule of Criminal Procedure 3.701(d)(7) provides: Victim injury shall be scored for each victim physically injured during a criminal episode or transaction. The court-made rule as enunciated in Grandison v. State, 506 So. 2d 74 (Fla. 5th DCA 1987) and Hendry v. State, 460 So. 2d 589 (Fla. 2d DCA 1984) holding that victim injury can only be scored if it is an element of the criminal offense, has been superseded by an amendment to the committee notes commenting upon the sent…
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Johnson v. State, 508 So. 2d 526 (Fla. 5th DCA 1987)…ake specific findings, in writing, conforming to statutory criteria for such sentences. § 39.111(7)(d), Fla. Stat. (1985). The trial court’s failure to follow this mandatory procedure compels us to vacate Johnson's sentences. See Grandison v. State, 506 So. 2d 74 (Fla. 5th DCA 1987). [*527] McClinton’s sentences are affirmed except for the sentence on the sexual battery charge which is vacated. Johnson’s sentences on all charges are vacated. The cause is remanded to the trial court for resentencing in accord…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Learnhart Rhoden, 448 So. 2d 1013 (Fla. 1984)
- Ritts v. State, 491 So. 2d 1252 (Fla. 2d DCA 1986)
- Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987)
- Johnson v. State, 477 So. 2d 56 (Fla. 5th DCA 1985)
- Elvin Vega v. State, 498 So. 2d 1294 (Fla. 5th DCA 1986)
- Jackson v. State, 503 So. 2d 434 (Fla. 3d DCA 1987)
- Byrd v. State, 503 So. 2d 434 (Fla. 4th DCA 1987)