ANTHONY W. REED, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court must make specific written findings regarding a juvenile's suitability for adult sanctions, even when a direct information is filed.
A juvenile was sentenced as an adult. The trial court failed to determine the juvenile's suitability for adult sanctions and did not enter a written o…
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THREADGILL, Judge.
The appellant, a juvenile, challenges his sentence as an adult on grounds that the trial court failed to determine his suitability for adult sanctions and failed to enter a written order setting forth specific findings supporting the imposition of adult sanctions as required by section 39.111(7)(c) and (d), Florida Statutes (1988). We reverse.
In Eady v. State, 388 So. 2d 9 (Fla.2d DCA 1980), this court held that even where, as here, a direct information is filed against a juvenile pursuant to section 39.-04(2)(e)(4), the trial court is still required to make findings of fact pursuant to the statutory criteria. The direct filing of an information does not constitute an abandonment of rehabilitative efforts on behalf of the juvenile. State v. Cain, 381 So. 2d 1361 (Fla.1980). Moreover, failure to comply with the safeguards of the statute is harmful error. Proctor v. State, 373 So. 2d 450 (Fla.2d DCA 1979).
Accordingly, we reverse the appellant’s sentence and remand for resentencing pursuant to section 39.111. See Dix v. State, 533 So. 2d 1189 (Fla.2d DCA 1988). If adult sanctions are again imposed, the trial court is directed to make the required finding in writing.
Reversed and remanded.
SCHEB, A.C.J., and HALL, J., concur.
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T.D.L. v. Chinault, 570 So. 2d 1335 (Fla. 2d DCA 1990)…d not foreclose the suitability of juvenile sanctions as required by section 39.111(7), Florida Statutes (1989). These provisions are mandatory for juveniles prosecuted as adults. Boudreau v. State, 546 So. 2d 1152 (Fla. 2d DCA 1989); Reed v. State, 544 So. 2d 1077 (Fla. 2d DCA 1989); Eady v. State, 388 So. 2d 9 (Fla. 2d DCA 1980). Even when the child reaches adulthood between the time of the offense and the date of disposition, such that he is not even a “juvenile” when before the court, the statute should be…
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Taylor v. State, 573 So. 2d 173 (Fla. 5th DCA 1991)…ant contends, the failure to consider each of the statutory criteria and to render specific findings of fact is fundamental error. State v. Rhoden, 448 So. 2d [*175] 1013 (Fla.1984); Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990); Reed v. State, 544 So. 2d 1077 (Fla. 2d DCA 1989). Although the trial judge may make the factual findings on the record at the sentencing hearing, Lang, 566 So. 2d at 1357, in this case the record of the hearing has not been provided to this court. The state does not assert on ap…
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Cobb v. State, 586 So. 2d 1298 (Fla. 2d DCA 1991)…a juvenile at the time the armed robberies were committed, the trial court erred in sentencing him as an adult without making specific written findings of fact pursuant to the criteria in section 39.111(7)(c), Florida Statutes (1987). Reed v. State, 544 So. 2d 1077 (Fla. 2d DCA 1989). We agree. Accordingly, we reverse the appellant’s conviction and sentence under count I. We do not reach the issue of whether the appellant may have committed an aggravated assault of Shellhorn. We also vacate the appellant’s se…
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. Cain, 381 So. 2d 1361 (Fla. 1980)
- Proctor v. State, 373 So. 2d 450 (Fla. 2d DCA 1979)
- Eady v. State, 388 So. 2d 9 (Fla. 2d DCA 1980)
- DIX v. State, 533 So. 2d 1189 (Fla. 2d DCA 1988)