GUSTAVO MENCHACA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-04-29
No. 92-02462
PATTERSON and BLUE, JJ., concur.
636 So. 2d 178 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 28 cases
Topics
Statutory Criteria For Adult Sanctions Statutory Criteria Adult Sanctions For Juveniles Adult Sanctions

Explore caselaw by topic → Browse Statutory Criteria For Adult Sanctions cases and more on FLexlaw

Opinion of the Court
FRANK, Chief Judge.

FRANK, Chief Judge.

Gustavo Menehaca was seventeen years old when he and several other young men forcefully invaded a home and terrorized the residents. He was charged with and convicted of armed burglary of a dwelling, two counts of robbery, grand theft of a firearm, and grand theft of a motor vehicle. Mencha-ca now challenges his sentence, contending that the trial court erred by failing to make written findings concerning the propriety of adult sanctions. We agree and remand for resentencing.

The trial court was bound to consider each of the criteria in section 39.059(7)(c), Florida Statutes, and to provide written reasons for the decision to impose adult sanctions contemporaneous with the sentencing. Troutman v. State, 630 So. 2d 528 (Fla.1993). On remand, the court may impose adult sanctions after strict application of the statutory criteria and the reduction of his findings to writing. Troutman.

Reversed and remanded for resentencing.

PATTERSON and BLUE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (14 total)

  • Craig v. State, 643 So. 2d 50 (Fla. 5th DCA 1994)
    …ah reference the statutory authority for the imposition of such costs. Sentences VACATED; cause REMANDED. COBB and W. SHARP, JJ., concur. . See § 893.13(l)(a)l, Fla.Stat. (1993). See also § 893.03(2)(a)4, Fla.Stat. (1993). . See Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994), rev. denied, 640 So. 2d 1109 (1994). . Smith v. State, 622 So. 2d 638 (Fla. 5th DCA 1993). We note that, in an apparent attempt to comply with rule 3.720(d)(1) and Bull v. S…
  • Johnson v. State, 648 So. 2d 263 (Fla. 5th DCA 1994)
    …However, we strike the $60.00 fee for First Step because there is no statutory authority for the imposition of this cost. Tibero v. State, 646 So. 2d 213 (Fla. 5th DCA 1994); Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994). In all other respects the judgment and sentence is AFFIRMED. COBB and DIAMANTIS, JJ., concur. . § 812.014, Fla.Stat. (1993). . Hunt v. State, 613 So. 2d 893 (Fla.1992); Gor…
  • Kevel Watson v. State, 641 So. 2d 432 (Fla. 5th DCA 1994)
    …denied, 419 So. 2d 1195 (Fla.1982). We agree with the appellant in respect to the $1.00 assessment for First Step of Volu-sia County and strike that portion of the order. See Eckenrode v. State, 638 So. 2d 214 (Fla. 5th DCA 1994); Gedeon v. State, 636 So. 2d 178 (Fla. 5th DCA 1994); Botts v. State, 634 So. 2d 197 (Fla. 5th DCA 1994); Thomas v. State, 633 So. 2d 1122 (Fla. 5th DCA 1994). We also reverse the imposition of the fee for the public defender and remand for noticed hearing. Shipley v. State, 528 So…

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw