JIMMY WILEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing as Adults cases and more on FLexlaw
PER CURIAM.
Jimmy Wiley has appealed from the sentence imposed after his plea of nolo conten-dere to sale of cocaine. We reverse and remand for resentencing.
Wiley was 17 years old at the time of the commission of this offense, and alleges that the trial court erroneously sentenced him as an adult without making the findings required by section 39.111(7)(c), Florida Statutes (1989). The state concedes error. The sentence herein is therefore reversed, and the case remanded for resentencing. On remand, the trial court shall consider each of the criteria listed in section 39.111(7)(c), and reduce the decision to writing with specific findings of fact and reasons for imposing an adult sanction, in accordance with section 39.111(7)(d). See Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989).
JOANOS, C.J., and WIGGINTON and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Taylor v. State, 593 So. 2d 1147 (Fla. 1st DCA 1992)…deficient with respect to several of the statutory criteria. Because we find that the trial court failed to fully comply with Section 39.111(7), we reverse and remand for resentencing. See State v. Rhoden, 448 So. 2d 1013 (Fla.1984); Wiley v. State, 582 So. 2d 169 (Fla. 1st DCA 1991); Franklin; Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989); Banks v. State, 488 So. 2d 161 (Fla. 1st DCA 1986). Upon remand, the trial court must consider each of the six criteria listed in Section 39.111(7)(c), and reduce th…
Authorities Cited
- Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989)