THADDEUS ORLANDO CLAYTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by imposing adult sanctions without a written order addressing the statutory criteria.
A juvenile pled no contest to attempted sexual battery and was sentenced as an adult based on an oral pronouncement. The trial court failed to issue a…
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PER CURIAM.
Thaddeus Orlando Clayton appeals the imposition of adult sanctions in the absence of a written order addressing the statutory criteria as required by section 39.059(7)(c) & (d), Florida Statutes (1993). We reverse and remand for resentencing.
The appellant, who was a juvenile, pled no contest to attempted sexual battery. At the sentencing hearing, the trial judge stated: “Based on the recommendation from the Department of Health and Rehabilitative Services in conjunction with Chapter 39 and their recommendation that Mr. Clayton be sentenced as an adult and for the reasons therein, the court does hereby find that it’s in the best interest of the public and if (sic) any rehabilitative needs for the defendant to be sentenced as an adult.” The appellant was then sentenced as an adult to 30 months’ imprisonment. The record contains no written order on adult sanctions.
The state concedes that the trial judge erred in failing to make the mandatory written findings and conclusions as required by section 39.059(7)(d), Florida Statutes. Troutman v. State, 630 So. 2d 528 (Fla.1993); Sirmons v. State, 620 So. 2d 1249 (Fla.1993). Accordingly, we reverse and remand this ease to the trial court for resentencing in compliance with section 39.059(7)(c) & (d), Florida Statutes, and Troutman.
BARFIELD, ALLEN and WOLF, JJ., concur.
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Aurora Bank v. Cimbler, 166 So. 3d 921 (Fla. 3d DCA 2015)…though available after final judgment, would not be an adequate remedy.... ”). . Moreover, “prohibition will lie 'when a party is about to be cited for contempt on the basis of acts which could not constitute contempt of court.’ ” Eubanks v. Agner, 636 So. 2d 596, 597 (Fla. 1st DCA 1994) (quoting State ex rel. Gillham v. Phillips, 193 So. 2d 26, 29 (Fla. 2d DCA 1966)). Refusing to comply with a nonparty mediator’s discovery requests directed at privileged information is not contemptuous conduct.…
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Tsokos v. Sunset Cove Invs., Inc., 936 So. 2d 667 (Fla. 2d DCA 2006)…to prevent judicial action “when a party is about to be cited for contempt on the basis of acts [*668] which could not constitute contempt of court.” State ex rel. Gillham v. Phillips, 193 So. 2d 26, 29 (Fla. 2d DCA 1966). See also Eubanks v. Agner, 636 So. 2d 596, 597 (Fla. 1st DCA 1994). In the present case, the final judgment did not proscribe the conduct that forms the basis of the order to show cause. We therefore grant the petition and order that no further proceedings be held on the order to show cause…
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Yacenda Hudson and Amina McNeil v. Marin, 259 So. 3d 148 (Fla. 3d DCA 2018)…tempt for their willful disobedience and interference with the final judgment in a lawsuit to which they were not parties" because "the final judgment did not proscribe the conduct that forms the basis of the order to show cause"); Eubanks v. Agner, 636 So. 2d 596, 598 (Fla. 1st DCA 1994) ("We find ... that the facts alleged in the order to show cause, if taken as true, do not and could not constitute [indirect criminal] contempt of court. Accordingly, we grant the petition for writ of prohibition and order t…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Troutman v. State, 630 So. 2d 528 (Fla. 1993)
- Edler v. State, 630 So. 2d 528 (Fla. 1993)
- Sirmons v. State, 620 So. 2d 1249 (Fla. 1993)