HENRY CRUZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1989-06-28
No. 88-1404
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.
545 So. 2d 500 Florida District Court of Appeal, Fourth District (1989) Positive Treatment

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Holding

The court held that the trial court erred in imposing adult sanctions without adequately considering statutory factors and in imposing costs without notice or an opportunity to be heard.


Facts & Procedural History

Appellant, a sixteen-year-old, was convicted of multiple felonies and received adult sanctions. The trial court imposed costs without prior notice or …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Pursuant to an open plea of guilty, appellant was convicted of armed robbery, aggravated assault, two counts of grand theft, possession of a firearm during commission of a felony, and driving with a suspended license. The court imposed adult sanctions although the crimes were committed when appellant was sixteen years of age.

We determine that the trial court did not adequately address the factors which must be considered for the imposition of adult sanctions, as mandated by section 39.-lll(7)(c), Florida Statutes (1987). See Leonard v. State, 522 So. 2d 543 (Fla. 4th DCA 1988).

The trial court also erred in imposing costs without giving prior notice and affording appellant an opportunity to be heard. See Mays v. State, 519 So. 2d 618 (Fla.1988); Jenkins v. State, 444 So. 2d 947 (Fla.1984).

Therefore, we reverse and remand for resentencing with directions to proceed in accordance with Leonard, Jenkins and Mays.

REVERSED AND REMANDED.

HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.


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