DONALD LEYESEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*291] HALL, Judge.
The appellant alleges error in the judgment and sentence which impose adult sanctions upon him on the ground that the trial court failed to set forth written findings pursuant to section 39.111(7)(d), Florida Statutes (1987).
We find that the trial court not only failed to file written findings, it also failed to order a predisposition report pursuant to section 39.111(7), Florida Statutes (1987), prior to accepting the appellant’s plea and imposing adult sanctions. See § 39.111(7)(a)-(d), Fla.Stat. (1987). The appellant was seventeen years of age at the time of the offense, therefore, compliance with section 39.111(7) is mandatory. Barkley v. State, 522 So. 2d 431 (Fla. 1st DCA 1988); Rathbone v. State, 448 So. 2d 85 (Fla. 2d DCA 1984).
Accordingly, we reverse and remand for resentencing. Upon remand, if the trial court decides after reviewing the predisposition report that adult sanctions are appropriate, it may accept the appellant’s plea and proceed to sentence the appellant in accordance with the plea agreement; or, if the trial court decides the plea agreement is not acceptable, the appellant may withdraw his plea and proceed to trial.
Reversed and remanded with directions.
DANAHY, A.C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 662 So. 2d 1334 (Fla. 1st DCA 1995)…reverse and remand for resen-tencing, because the trial court erred in imposing the sentence without considering a presentence investigation report as required by section 39.059(7)(a). Troutman v. State, 630 So. 2d 528 (Fla.1993); Levesen v. State, 553 So. 2d 290 (Fla. 2d DCA 1989). The court also erred by failing to issue a written sentencing order. We nevertheless reject Thomas’s claim that the court erred in failing to set forth specific findings regarding his suitability for adult sanctions. Section 39.…
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C.W. v. State, 598 So. 2d 140 (Fla. 5th DCA 1992)…res that the sentencing court consider a predisposition report before properly passing sentence. Because that was not done here we reverse the sentence and remand for resentencing after consideration of a predisposition report. See Levesen v. State, 553 So. 2d 290 (Fla. 2d DCA 1989); Hammonds v. State, 543 So. 2d 337 (Fla. 4th DCA 1989); Franklin v. State, 476 So. 2d 1346 (Fla. 1st DCA 1985); Franklin v. State, 473 So. 2d 763 (Fla. 1st DCA), dismissed sub nom. Owens v. State, 478 So. 2d 54 (Fla.1985); Upshaw…
Authorities Cited
- Val Lee Rathbone v. State, 448 So. 2d 85 (Fla. 2d DCA 1984)
- Barkley v. State, 522 So. 2d 431 (Fla. 1st DCA 1988)