DARRYL L. JOHNSON AND CALVIN MCCLINTON, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
ORFINGER, Judge.
The judgments of conviction are affirmed as to both defendants. McClinton’s departure sentence on the sexual battery charge must be vacated because the trial judge provided no written reasons for such departure as required by Florida Rule of Criminal Procedure 3.701(d)(11). See State v. Jackson, 478 So. 2d 1054 (Fla.1985). Johnson, a juvenile, was prosecuted as an adult. Before imposing adult sanctions, however, the trial court must make 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). 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 accordance with the statutes and rules of procedure.
Judgments AFFIRMED; Sentences VACATED in part, and REMANDED.
DAUKSCH and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Keith v. State, 542 So. 2d 440 (Fla. 5th DCA 1989)…nding of fact and the reasons for the decision to impose 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 Ad…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Grandison v. State, 506 So. 2d 74 (Fla. 5th DCA 1987)