CLARENCE ANDREW PEAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant, a juvenile, was convicted of attempted first-degree murder and robbery and sentenced as an adult. In this appeal, he does not challenge his robbery conviction.
We do not agree with his first contention that there was insufficient evidence of premeditation to support his conviction for attempted first-degree murder. See Ross v. State, 474 So. 2d 1170, 1174 (Fla.1985); Johnson v. State, 486 So. 2d 657, 659 (Fla. 4th DCA 1986). Thus we affirm his conviction for attempted first-degree murder. However, we agree with his second contention that the trial court in sentencing him as an adult failed to make all the findings required by section 39.111(7)(c)1-6, Florida Statutes (1989). Resentencing is required. Stickles v. State, 579 So. 2d 878 (Fla. 2d DCA 1991).
Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.
LEHAN, A.C.J., and HALL and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Petithomme v. State, 610 So. 2d 450 (Fla. 3d DCA 1992)…rial court’s failure to provide factual findings in support of adult sanctions requires that the defendant’s sentence be vacated and remanded to the trial court for resen-tencing. Kohler v. State, 588 So. 2d 689 (Fla. 4th DCA 1991); Peaker v. State, 585 So. 2d 1197 (Fla. 2d DCA 1991); Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA1990). Conviction affirmed; sentences vacated and cause remanded for the trial court to make adequate written findings in support of the imposition of adult sanctions.…
Authorities Cited
- Wilton Amos Ross v. State, 474 So. 2d 1170 (Fla. 1985)
- Johnson v. State, 486 So. 2d 657 (Fla. 4th DCA 1986)
- BAY Hosp. Inc. v. Dave Broxson and wife, 579 So. 2d 878 (Fla. 1st DCA 1991)
- Stickles v. State, 579 So. 2d 878 (Fla. 2d DCA 1991)