WILLIE HENRY MURPHY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1989-07-27
No. 88-1594
DANIEL, C.J., and ORFINGER, J., concur.
546 So. 2d 1157 Florida District Court of Appeal, Fifth District (1989) Positive Treatment
Cited by 4 cases
Topics
Juveniles as Adults Sentencing Of Juveniles As Adults Sentencing

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a sentence of a juvenile who was given adult sanctions. It is error to sentence a juvenile as an adult if section 39.111, Florida Statutes (1987) is not complied with. Here, as in Keith v. State, 542 So. 2d 440 (Fla. 5th DCA 1989), the trial judge merely checked a checklist and did not comply with section 39.111(7)(d), Florida Statutes (1987). This statute requires the sentencing judge to “render a specific finding of fact and the reasons for the decision” in writing so they can be reviewed on appeal. Although we assume the sentencing judge put the checkmarks on the checklist we do not know because one check looks like another and the judge did not sign the checklist. So, it was error to fail to give written specific findings of fact and reasons for the decision to impose adult sanctions and the record cannot support a judicial action if a written action is not signed by the judge.

The sentence is quashed and this cause remanded for resentencing.

SENTENCE QUASHED; REMANDED.

DANIEL, C.J., and ORFINGER, J., concur.

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Citator

Cited By

  • Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA 1990)
    …f a checklist of the criteria to indicate that they have been considered, or merely tracking the criteria, is not enough. Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990); Keith; Smith v. State, 543 So. 2d 419 (Fla. 5th DCA 1989); Murphy v. State, 546 So. 2d 1157 (Fla. 5th [*84] DCA 1989); Leach v. State, 545 So. 2d 520 (Fla. 5th DCA 1989). In the case before us, the record does not reveal that the trial court made any written findings of fact in compliance with the statute. While it has been stated in Lang…
  • Allen v. State, 560 So. 2d 1329 (Fla. 5th DCA 1990)
    …er, as required by section 39.111(7)(d), Florida Statutes, a written order containing specific findings of fact as to the suitability of imposing adult sanctions, a fundamental error. See State v. Rhoden, 448 So. 2d 1013 (Fla.1984); Murphy v. State, 546 So. 2d 1157 (Fla. 5th DCA 1989). We remand for resentencing. SENTENCE VACATED and CAUSE REMANDED. COWART, GOSHORN and HARRIS, JJ., concur.…

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