GREGORY TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Gregory Taylor, a 16-year-old prosecuted as an adult, appeals his 75-year sentence for attempted first-degree murder of a police officer. The court affirmed the conviction but quashed the sentence because it exceeded the statutory maximum of 40 years for life felonies and because the trial court failed to issue required written findings when imposing adult sanctions on a juvenile.
The court held that the 75-year sentence exceeded the statutory maximum of 40 years for life felonies when imposed as a term of years rather than life imprisonment. The court also held that the trial court failed to comply with statutory requirements to issue a separate written order containing specific findings supporting the imposition of adult sanctions on a juvenile.
[1] A sentence for attempted murder of a law enforcement officer, when a term of years is imposed, cannot exceed forty years, notwithstanding statutory provisions for mandato…
[2] A trial court's failure to issue a separate written order containing specific findings of fact supporting the decision to impose adult sanctions on a juvenile constitutes…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Appellant correctly contends that because the trial judge elected to sentence him to a term of years, he may not be sentenced to more than forty years for the attempted murder of a law enforcement officer.”
Establishes that the statutory maximum for life felonies sentenced as a term of years is 40 years, not 75 years.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGregory Taylor, aged 16 years and 8 months, was prosecuted as an adult for attempted first-degree murder of a police officer, shooting or throwing a d…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentence Review cases and more on FLexlaw
PER CURIAM.
Gregory Taylor appeals the sentence imposed following his convictions for attempted first degree murder of a police officer, shooting or throwing a deadly missile into a car, and the use of a firearm in the commission of an attempted felony. When the incident occurred, appellant was 16 years and 8 months of age. The state elected to prosecute him as an adult. Appellant’s category one scoresheet showed a total of 210 points and a guidelines recommended range of 12 to 17 years incarceration. For the attempted murder, he was sentenced to seventy-five years incarceration with a twenty-five year mandatory minimum sentence. This sentence is challenged on appeal.
Pursuant to section 784.07, Florida Statutes (1988 Supp.), the attempted murder of a law enforcement official is a life felony, punishable as provided in section 775.0825 of the Florida Statutes (1987). Section 775.0825 exempts convictions for the attempted murder of a law enforcement officer from the sentencing guidelines and imposes a mandatory minimum sentence of twenty-five years. The maximum sentence allowable by law is set forth in section 775.082(3)(a), Florida Statutes (1988 Supp.), which limits a sentence for a life felony committed after October 1, 1983 to life imprisonment or a term of years not exceeding 40. Appellant correctly contends that because the trial judge elected to sentence him to a term of years, he may not be sentenced to more than forty years for the attempted murder of a law enforcement officer. Appellant also complains that the lower tribunal did not issue a separate written order containing findings supporting the decision to impose adult sanctions. At the bottom of the sentencing scoresheet, the reasons for the departure sentence were given as follows:
1. A large number of unscored juvenile convictions.
2. The crime posed an extreme risk to the physical safety of other persons in that the defendant fired the weapon in a heavily populated area.
The court minutes of the sentencing hearing contain the notation that the “Court finds as provided in Chapter 39.09(2)(c) that Juvenile Sanctions are not appropriate.”
As appellant 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 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 appeal that the requisite findings were made during the sentencing hearing, which is why we have not ordered the record to be supplemented. The state simply argues the findings contained on the scoresheet are adequate. They are not.
The legislature has emphatically mandated that trial judges not only consider the specific statutory criteria pertaining to the suitability of adult sanctions, but that they also reduce to writing their findings of fact and reasons for imposing an adult sentence on a juvenile. A written order is necessary in order to make effective the right of sentence review granted to juveniles by the legislature.
Rhoden, 448 So. 2d at 1016-1017. We remand to the trial court for compliance with the requirements of section 39.111(7)(d), Florida Statutes (1987).
JUDGMENT AFFIRMED; SENTENCED QUASHED and REMANDED for proceedings consistent with this opinion.
COBB, HARRIS and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
-
Ronda C. Weinstock, PH.D. v. Groth, 629 So. 2d 835 (Fla. 1993)…herefore, subject to the provisions of the Act. 610 So. 2d at 479. It is clear that the provisions of the Medical Malpractice Reform Act must be met in order to maintain an action against a health care provider. See NME Hospitals, Inc. v. Azzariti, 573 So. 2d 173 (Fla. 2d DCA 1991). Thus, if Dr. Weinstock is a health care provider, Groth’s complaint was properly dismissed. However, as both the trial and district courts below noted, psychologists licensed under chapters 490 and 491, Florida Statutes (1991), a…
-
NME Props., Inc. v. McCULLOUGH, 590 So. 2d 439 (Fla. 2d DCA 1991)…ompliance with sections 766.104, 766.106, and 766.203-206. After the trial court denied the motion, East Manor filed this petition for writ of certiorari. Certio-rari is a proper method to test such a nonfinal order. NME Hospitals, Inc. v. Azzariti, 573 So. 2d 173 (Fla. 2d DCA 1991). The plaintiff argues that chapter 766 does not apply to nursing homes or to statutory claims against nursing homes under chapter 400. We agree that a nursing home is not a “health care provider as defined in s. 768.50(2)(b).” §…
-
Miami Physical Therapy Assocs., Inc. v. Savage, 632 So. 2d 114 (Fla. 3d DCA 1994)…the proper method to test an order denying a motion to dismiss for failure to comply with the presuit notice requirement of section 766.106. NME Properties, Inc. v. McCullough, 590 So. 2d 439, 440 (Fla. 2d DCA 1991); NME Hospitals, Inc. v. Azzariti, 573 So. 2d 173 (Fla. 2d DCA 1991); Pearlstein v. Malunney, 500 So. 2d 585 (Fla. 2d DCA 1986), rev. denied, 511 So. 2d 299 (Fla.1987). The court reasoned in Pearlstein that where a trial court erred in failing to dismiss a medical malpractice complaint for failure…
Previewing 3 of 24 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Learnhart Rhoden, 448 So. 2d 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)