SHELTON THOMPKIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s conviction but reverse his sentence and remand for resentencing. The trial court’s order pursuant to section 39.111(7), Florida Statutes (1989) was deficient in addressing all of the statutory criteria. In particular, with respect to criterion 4, addressing the juvenile’s sophistication and maturity, the sole reference to past criminal behavior without addressing the other statutory criteria listed in section 39.111(7)(c)4 is inadequate. Flowers v. State, 546 So. 2d 782 (Fla. 4th DCA 1989); Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987). See also Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989).
We also reverse the imposition of costs and remand for a determination of ability to pay. Mays v. State, 519 So. 2d 618 (Fla.1988) and Jenkins v. State, 444 So. 2d 947 (Fla.1984). However, we certify the same question certified in Beasley v. State, 565 So. 2d 721 (Fla. 4th DCA 1990).
DELL and WARNER, JJ., and WALDEN, JAMES H., (Retired) Associate Judge, concur.
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Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991)…this court’s view that successive convictions in the sense stated above, not simultaneous convictions, were necessary to satisfy the requirements of the habitual offender statute. This month the Fourth District Court of Appeal in Williams v. State, 573 So. 2d 451 (4th DCA 1991), reversed a habitual felony offender sentence predicated on two previous convictions entered on the same date. Judge Frank's concise opinion states: The appellant challenges the habitual offender sentence imposed by the trial court.…1 / 2
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Harrison v. State, 585 So. 2d 393 (Fla. 5th DCA 1991)…rior conviction. Walsh v. State, 579 So. 2d 908 (Fla. 5th DCA 1991); Valentine v. State, 577 So. 2d 714 (Fla. 5th DCA 1991); Barnes v. State, 576 So. 2d 758 (Fla. 1st DCA 1991); Reyes v. State, 573 So. 2d 1059 (Fla. 5th DCA 1991); Williams v. State, 573 So. 2d 451 (Fla. 4th DCA 1991); Bernard v. State, 571 So. 2d 560 (Fla. 5th DCA 1990); Taylor v. State, 558 So. 2d 1092 (Fla. 5th DCA 1990). This requirement of sequentiality was not eliminated in the amendment to the statute effective October 1, 1989. Fuller v…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Mays v. State, 519 So. 2d 618 (Fla. 1988)
- Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987)
- Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989)
- Beasley v. State, 565 So. 2d 721 (Fla. 4th DCA 1990)
- Vance H. Flowers v. State, 546 So. 2d 782 (Fla. 4th DCA 1989)