SCOTT KOHLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse and remand for resentencing. Appellant, a juvenile at the time of the offense, received adult sanctions for robbery. Yet, the trial court failed to make all of the findings, either written or oral, required by section 39.059(7)(c) and (d), Florida Statutes (Supp.1990). The law is clear, however, that in sentencing a juvenile as an adult, the trial court must make find ings with respect to each of the sue criteria set forth in section 39.111(7)(c), Florida Statutes (1989) (now 39.059(7)(c)). Flowers v. State, 546 So. 2d 782, 783 (Fla. 4th DCA 1989); Gooden v. State, 536 So. 2d 392, 393 (Fla. 4th DCA 1989); Sullivan v. State, 587 So. 2d 599 (Fla. 5th DCA 1991): § 39.059(7)(d), Florida Statutes (Supp.1990).
Accordingly, we affirm the judgment of guilt, but vacate the sentence and remand for resentencing in compliance with section 39.059(7)(c) and (d), Florida Statutes (Supp. 1990).
REVERSED AND REMANDED FOR RESENTENCING.
HERSEY, GUNTHER and FARMER, JJ., concur.
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Bell v. State, 598 So. 2d 203 (Fla. 4th DCA 1992)…ppellant by failing to comply with section 39.059(7)(c), Florida Statutes (1991). Specifically, the trial court must address each of the statutory criteria in a written order. See Riley v. State, 588 So. 2d 1035 (Fla. 4th DCA 1991); Kohler v. State, 588 So. 2d 689 (Fla. 4th DCA 1991); Flowers v. State, 546 So. 2d 782 (Fla. 4th DCA 1989). We remand for resentencing in accordance with the statute. We also note that the judgment indicates that appellant is being sentenced as a youthful offender in accordance w…
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Petithomme v. State, 610 So. 2d 450 (Fla. 3d DCA 1992)…er v. State, 573 So. 2d 1092 (Fla. 3d DCA1991). The trial 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 o…
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Diaz v. State, 608 So. 2d 550 (Fla. 4th DCA 1992)…s an adult over his objection. Because the sentencing order failed to include a specific finding of fact on criterion 4 of section [*551] 39.059(7)(c), Florida Statutes 1991, we must vacate the sentence and remand for resen-tencing. Kohler v. State, 588 So. 2d 689 (Fla. 4th DCA 1991); West v. State, 503 So. 2d 435 (Fla. 4th DCA 1987). DELL and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
Authorities Cited
- Vance H. Flowers v. State, 546 So. 2d 782 (Fla. 4th DCA 1989)
- Gooden v. State, 536 So. 2d 392 (Fla. 4th DCA 1989)
- Sullivan v. State, 587 So. 2d 599 (Fla. 5th DCA 1991)