NAPOLEON THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that it is reversible error to sentence a juvenile as an adult without making the required statutory findings. The court also held that attempted armed robbery should be classified as a second-degree felony.
Napoleon Thomas, a juvenile charged and sentenced as an adult, appealed his sentence. He argued the court failed to determine the suitability of impos…
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BLUE, Judge.
Napoleon Thomas, a juvenile charged and sentenced as an adult, contends the court erred at sentencing because it failed to determine the suitability of imposing adult sanctions as required by section 39.111(7)(e), Florida Statutes (1989). We agree and remand for resentencing.
Recently, the Florida Supreme Court and this court held that it is reversible error for a court to sentence a juvenile as an adult pursuant to a negotiated plea agreement without making 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 corrected upon resentencing.
Reversed and remanded for resentencing.
RYDER, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Siegle v. State, 625 So. 2d 955 (Fla. 2d DCA 1993)…equired by section 39.059(7)(c), Florida Statutes (1991). This is so even though appellant’s sentence, two years’ Youthful Offender community control, was the result of a plea agreement. Sirmons v. State, 620 So. 2d 1249 (Fla.1993); Thomas v. State, 623 So. 2d 1238 (Fla. 2d DCA 1993). After remand the trial court may reimpose the adult sanction provided the statutory findings are made. Reversed and remanded for resentencing. SCHOONOVER, A.C.J., and THREADGILL and BLUE, JJ., concur.…
Authorities Cited
- Sirmons v. State, 620 So. 2d 1249 (Fla. 1993)
- Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA 1990)
- Matrion Croskey v. State, 601 So. 2d 1326 (Fla. 2d DCA 1992)
- Cooper v. State, 602 So. 2d 999 (Fla. 1st DCA 1992)
- Iles v. State, 602 So. 2d 999 (Fla. 2d DCA 1992)