RONALD GOODEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The state filed an information against appellant, a juvenile, containing two charges of dealing in stolen property, to which appellant pled nolo contendere.
At sentencing, the Department of Health and Rehabilitative Services recommended that appellant be treated as a juvenile. However, the prosecutor recommended that he be sentenced as an adult; the trial court agreed and sentenced appellant as an adult. The prosecutor was directed to prepare an order, which the judge signed, in which the court treated most, but not all, of the statutory criteria required by section 39.111(7)(c), Florida Statutes (1987). Particularly, the court failed to treat item # 4 of said statute. The case law is clear that, in sentencing a juvenile as an adult, the court must treat all of the statutory criteria. Leonard v. State, 522 So. 2d 543 (Fla. 4th DCA 1988); West v. State, 503 So. 2d 435 (Fla. 4th DCA 1987); Upshaw v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985).
Accordingly, we reverse the sentence and remand the cause to the trial court with directions to consider, in writing, all of the statutory criteria in resentencing appellant.
DOWNEY and ANSTEAD, JJ., and RIVKIND, LEONARD, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kohler v. State, 588 So. 2d 689 (Fla. 4th DCA 1991)…an adult, the trial court must make find [*690] ings with respect to each of the sue criteria set forth in section 39.111(7)(c), Florida Statutes (1989) (now 39.059(7)(c)). Flowers v. State, 546 So. 2d 782, 783 (Fla. 4th DCA 1989); Gooden v. State, 536 So. 2d 392, 393 (Fla. 4th DCA 1989); Sullivan v. State, 587 So. 2d 599 (Fla. 5th DCA 1991): § 39.059(7)(d), Florida Statutes (Supp.1990). Accordingly, we affirm the judgment of guilt, but vacate the sentence and remand for resentencing in compliance with sec…
Authorities Cited
- West v. State, 503 So. 2d 435 (Fla. 4th DCA 1987)
- Akrivos v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985)
- Grady Upshaw v. State, 464 So. 2d 1355 (Fla. 4th DCA 1985)
- Serafin Arcia and Lazaro Cordero v. State, 522 So. 2d 543 (Fla. 3d DCA 1988)
- Leonard v. State, 522 So. 2d 543 (Fla. 4th DCA 1988)