H.L.L., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing Requirements cases and more on FLexlaw
CAMPBELL, Acting Chief Judge.
Appellant, a juvenile, was convicted of possession of cocaine and grand theft auto. He was adjudicated delinquent and committed to the Department of HRS. He was placed on community control upon release.
Appellant challenges his conviction and resulting sentence. We find no merit in his arguments concerning his conviction. We do, however, find that the court erred when it sentenced him. We remand for resentencing in compliance with section 39.09(3)(e), Florida Statutes (1989), which requires that specific findings be made by the trial court to support its decision to adjudicate and commit appellant to HRS. No findings were made by the trial court here. We further remand for entry of separate sentences for appellant’s two offenses. A general sentence for separate offenses, such as he received, is prohibited. C.P. v. State, 543 So. 2d 867 (Fla. 2d DCA 1989).
Affirmed, but remanded for resentencing.
PARKER, J., and McDONALD, RANDALL G., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
Glaubius v. State, 688 So. 2d 913 (Fla. 1997)…So. 2d 211 (Fla. 4th DCA 1996), in which the Fourth District Court of Appeal held that investigative costs incurred by a victim are a proper item for restitution. In reaching its decision, the district court certified conflict with Powell v. State, 595 So. 2d 223 (Fla. 1st DCA), review denied, 601 So. 2d 553 (Fla.1992), and Ahnen v. State, 565 So. 2d 855 (Fla. 2d DCA 1990), wherein the First and Second Districts reached a contrary result. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. For the reasons e…1 / 2
-
T.A.R. v. State, 640 So. 2d 222 (Fla. 5th DCA 1994)…ution by the trial court to determine whether the error was verbal or clerical. See Wilkins; Marchand. TA.R. next asserts that it was error for the court to employ a single dispositional form in sentencing for the two offenses. In H.L.L. v. State, 595 So. 2d 223 (Fla. 2d DCA 1992), the Second District held that a [*223] juvenile convicted of two felony offenses and adjudicated delinquent could not receive a single sentence for the two offenses, explaining that, “A general sentence for separate offenses, suc…
-
E.Y. v. State, 670 So. 2d 1079 (Fla. 2d DCA 1996)…commitment reflected two other offenses for which appellant was adjudicated delinquent, burglary and petit theft. The court imposed one general sentence for all three offenses. A general sentence for separate offenses is prohibited. H.L.L. v. State, 595 So. 2d 223 (Fla. 2d DCA 1992). Additionally, the maximum sentence for criminal mischief and petit theft is sixty days. We affirm the adjudication but remand for resentencing consistent with this opinion. BLUE, A.C.J., and WHATLEY, J., concur.…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- C.P. v. State, 543 So. 2d 867 (Fla. 2d DCA 1989)