ERIC HOPE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1990-06-26
No. 89-2342
ERVIN and MINER, JJ., concur.
562 So. 2d 863 Florida District Court of Appeal, First District (1990) Positive Treatment
Cited by 2 cases

Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Appellant seeks review of a judgment of conviction and sentence by which he was sentenced as a youthful offender after conviction in an adult court. The record reflects that the trial court did not comply with section 39.111(7)(d), Florida Statutes, which requires a written record of the trial court’s decision to impose adult sanctions against a juvenile. We cannot determine from the record whether the trial court considered each of the six criteria enumerated in section 39.111(7)(c) in determinin'g the suitability of adult sanctions against appellant. Therefore, we reverse and remand for resentencing in compliance with the statute. Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989).

ERVIN and MINER, JJ., concur.


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  • Maxel Roshond Peeples v. State, 575 So. 2d 316 (Fla. 2d DCA 1991)
    …s were imposed without statutory authority. Although one unauthorized mandatory term was included in the original judgment and sentence, that error was corrected on direct appeal and by the actions of the trial court after mandate. Peeples v. State, 562 So. 2d 863 (Fla. 2d DCA 1990). Second, a guideline scoresheet error is shown to be harmless in that it did not affect the length of sentence. See Gibbons v. State, 543 So. 2d 860 (Fla. 2d DCA 1989). Finally, while Peeples appears to argue that consecutive mini…
  • Kendrick Bernard Hill v. State, 605 So. 2d 514 (Fla. 1st DCA 1992)
    …39.059(7)(c), and must include specific findings of fact and the reasons for the decision. Failure to address even one of the criteria requires reversal and remand. Taylor v. State, 593 So. 2d 1147, 1148 (Fla.. 1st DCA 1992). See also Hope v. State, 562 So. 2d 863 (Fla. 1st DCA 1990); Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989); Franklin v. State, 473 So. 2d 763 (Fla. 1st DCA 1985); Flowers v. State, 546 So. 2d 782 (Fla. 4th DCA 1989). The order should address each criterion in separately numbered par…

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