TERRENCE ILES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Terrence lies appeals an order of the circuit court placing him on community control (adjudication of guilt withheld) for the offense of carrying a concealed firearm. Section 790.01, Fla.Stat. (1991). lies was seventeen years old at the time this offense was committed. When imposing sentence the trial court failed to comply with section 39.059(7)(c), Florida Statutes (1991). This subsection requires that the court, utilizing six enumerated criteria, determine prior to disposition the juvenile’s “[sjuitability or nonsuitability for adult sanctions.”
On appeal the state concedes that no formal order was entered justifying the court’s decision to impose adult sanctions. However, they argue that a transcript of the sentencing is an adequate substitute if it contains the required findings. While we so held in Stickles v. State, 579 So. 2d 878 (Fla.2d DCA 1991), the record in the present case does not satisfy the requirements of the statute. Accordingly, we reverse and remand for resentencing. Upon remand the court may once again impose adult sanctions, provided the findings required by section 39.059(7)(c) are made.
Reversed.
PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.
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Napoleon Thomas v. State, 623 So. 2d 1238 (Fla. 2d DCA 1993)…king statutory findings. Sirmons v. State, 620 So. 2d 1249 (Fla.1993); Croskey v. State, 601 So. 2d 1326 (Fla. 2d DCA 1992). On remand, the court may again impose adult sanctions if the provisions of section 39.111(7)(c) are followed. Iles v. State, 602 So. 2d 999 (Fla. 2d DCA 1992); Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA 1990). Thomas also correctly contends that attempted armed robbery charges were erroneously classified as first degree felonies rather than second degree felonies. This should be corr…
Authorities Cited
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- Stickles v. State, 579 So. 2d 878 (Fla. 2d DCA 1991)