STACEY JEROME SURRENCY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1991-09-05
No. 90-1857
GOSHORN, C.J., and GRIFFIN, J., concur.
585 So. 2d 464 Florida District Court of Appeal, Fifth District (1991) Caution
Cited by 8 cases

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Synopsis

Stacey Jerome Surrency appeals his adult sanctions sentence in juvenile transfer proceedings, claiming the trial court failed to comply with statutory requirements for written findings. The Florida District Court of Appeal vacated the sentence and remanded for resentencing because the trial court's written order did not adequately address all required statutory criteria.


Holding

The trial court failed to comply with the statutory requirements. The written order did not adequately address the defendant's home, environmental situation, emotional attitude, and pattern of living as required by subsection (c)4, nor did it provide written findings regarding the likelihood of reasonable rehabilitation if the child were assigned to juvenile services as required by subsection (c)6.


Headnotes

[1] A court must make specific written findings of fact and state the reasons for imposing adult sanctions on a child.

[2] A court's written order imposing adult sanctions must conform to statutory criteria, including the child's sophistication and maturity, and the prospects for public prote…

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Key Quotes

“Suitability or nonsuitability for adult sanctions shall be determined by the court before any other determination of disposition. The suitability determination shall be made by reference to the following criteria”

Establishes the statutory requirement that courts must determine suitability for adult sanctions using specific statutory criteria

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Facts & Procedural History

Surrency was a child transferred for criminal prosecution. The trial court found him guilty of violating Florida law and imposed adult sanctions. The …

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Opinion of the Court
PETERSON, Judge.

PETERSON, Judge.

Stacey Jerome Surrency appeals his sentence imposing adult sanctions. He complains that the trial court erred in failing to comply with the technical requirements of section 39.111, subsections (7)(c)4, (7)(c)6, and (7)(d), Florida Statutes. We vacate the sentence and remand for resentencing. Flowers v. State, 546 So. 2d 782 (Fla. 4th DCA 1989); Posey v. State, 501 So. 2d 192 (Fla. 5th DCA 1987).

The pertinent statutes provide:

39.111 Community control or commitment of children prosecuted as adults.—

**

(7) When a child has been transferred for criminal prosecution and the child has been found to have committed a violation of Florida law, the following procedure shall govern the disposition of the case:

**

(c) Suitability or nonsuitability for adult sanctions shall be determined by the court before any other determination of disposition. The suitability determination shall be made by reference to the following criteria:

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4. The sophistication and maturity of the child, as determined by consideration of his home, environmental situation, emotional attitude, and pattern of living.

**

6. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child if he is assigned to juvenile services and facilities. (d) Any decision to impose adult sanctions shall be in writing, and it shall be in conformity with each of the above criteria. The court shall render a specific finding of fact and the reasons for the decision to impose adult sanctions. Such order shall be reviewable on appeal by the child pursuant to s. 39.14.

The trial judge’s written compliance with these requirements was:

The Defendant is mature in that he turns 18 years old in four months and is competent as the average 17 year old.

The public cannot be protected if juvenile sanctions are applied as the longest he could be held in a secure facility would be no more than six months before he would be released back into the community.

Surrency does not complain about the trial court’s written compliance with the remaining subparts of section 39.111(7).

The record reflects that the trial court worked diligently to comply with the statute but missed the mark by failing to address in writing the defendant’s home, environmental situation, emotional attitude, and pattern of living. Also, subpart (c)6 of section 39.111(7) requires written findings regarding the likelihood of reasonable rehabilitation if the child were assigned to juvenile services and facilities. The record shows that the trial court received a predis-positional report and considered these factors, but Posey and Flowers require trial courts to comply by “specifically delineating the reasons for imposing adult sanctions” and to “provide adequate specification of the facts.” Flowers, at 783; Posey, at 194.

The trial court should consider the factors under criteria (c)4 and (c)6 upon resentencing and, if adult sanctions are again imposed, make the factual findings required by section 39.111. Flowers; Po-sey. It is suggested that the written factual findings be numbered and organized in the same manner as the statute rather than in the form of a letter. The statute thereby may serve as a checklist for the form on which the findings are written to ensure compliance.

Sentence VACATED; REMANDED for resentencing.

GOSHORN, C.J., and GRIFFIN, J., concur.


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Citator

Cited By

  • Jackson v. State, 588 So. 2d 1085 (Fla. 5th DCA 1991)
    …on of the items set forth in criterion four and for reference in the order to such consideration and the conclusions derived therefrom. While there is no requirement that the order be prepared in any specific form, we suggested in Surrency v. State, 585 So. 2d 464 (Fla. 5th DCA 1991), that the written findings of fact be numbered and organized in the same manner as the statute. That form of organization would not only be an aid to preparation of the order but also would aid in appellate review. CORROBORATION…
  • Meyers v. State, 593 So. 2d 609 (Fla. 5th DCA 1992)
    …tion 39.059(7)(d) states that any decision to impose adult sanctions shall be in writing and in conformity with the criteria. The court must render a specific finding of fact and state the reasons for imposing adult sanctions. See Surrency v. State, 585 So. 2d 464 (Fla. 5th DCA 1991); Taylor v. State, 573 So. 2d 173 (Fla. 5th DCA 1991); Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990). Conviction AFFIRMED; sentences REVERSED and REMANDED for resentenc-ing. DAUKSCH and COWART, JJ., concur.…
  • Horne v. State, 593 So. 2d 309 (Fla. 5th DCA 1992)
    …059(7)(d) states that any decision to impose adult sanctions shall be in writing and in conformity with each of the criteria. The court must render a specific finding of fact and state the reasons for imposing adult sanctions. See Surrency v. State, 585 So. 2d 464 (Fla. 5th DCA 1991); Taylor v. State, 573 So. 2d 173 (Fla. 5th DCA 1991); Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990). Appellant’s second issue concerns the use of a legal constraint multiplier. The supreme court has held that legal status…

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