WILLIAM FENELL PITTMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1992-03-25
No. 91-00943
DANAHY, A.C.J., and PATTERSON, J., concur., PARKER, J., concurs specially.
595 So. 2d 1101 Florida District Court of Appeal, Second District (1992) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Davis v. State, 528 So. 2d 521 (Fla. 2d DCA), review denied, 536 So. 2d 243 (Fla.1988). We recognize that our decision in Davis is in conflict with Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990).

DANAHY, A.C.J., and PATTERSON, J., concur. PARKER, J., concurs specially.

Concurrence
PARKER, Judge,

PARKER, Judge,

concurring specially.

I concur with the majority. But for this court’s opinion in Davis, I would reverse this case because the record fails to show that Pittman waived the trial court’s required findings under Chapter 39, Florida Statutes. See Evans v. State, 594 So. 2d 835 (Fla. 2d DCA 1992) (concurring opinion).


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  • Matrion Croskey v. State, 601 So. 2d 1326 (Fla. 2d DCA 1992)
    …need for a trial court to make the required written findings concerning the juvenile’s suitability for adult sanctions. In following Davis, we have acknowledged conflict with Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990). See Pittman v. State, 595 So. 2d 1101 (Fla. 2d DCA 1992); Sirmons v. State, 595 So. 2d 582 (Fla. 2d DCA 1992). In Lang, the Fifth District held that a juvenile, by entering a negotiated plea, does not necessarily waive the requirement that the trial court consider the enumerated criter…
  • Pittman v. State, 620 So. 2d 1232 (Fla. 1993)
    …PER CURIAM. We have for review Pittman v. State, 595 So. 2d 1101 (Fla. 2d DCA 1992), in which the district court recognized conflict with Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990). We find conflict and have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution. The issue in the…

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