DERRICK L. PARKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Adult sanctions imposed on a minor must be reversed if entered without necessary written reasons and findings.
Derrick Parks, a minor, received adult sanctions including community control and county jail.…
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PER CURIAM.
The adult sanctions imposed upon Derrick Parks, a minor, must be reversed because they were entered without the necessary written reasons and findings. § 39.-059(7)(c), Fla.Stat. (1991); Troutman v. State, 630 So. 2d 528 (Fla.1993). The requirement of written reasons and findings cannot be met by a transcript. Id. at 532.
Moreover, the sentences imposed, which combine community control and county jail, are departure sentences, State v. Davis, 630 So. 2d 1059 (Fla.1994), which are invalid because the court did not provide written reasons in this case.
There was no indication at sentencing that the court knew that the sentence was a departure sentence.1 Therefore, assuming on remand the trial court strictly complies with the statutory criteria for imposing adult sanctions, the trial court may depart from the guidelines if valid reasons are provided. State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Isom v. State, 619 So. 2d 369 (Fla. 3d DCA), rev. denied, 630 So. 2d 1099 (Fla.1993).
The sentences are vacated and this matter remanded to the trial court for resentencing.
SENTENCES VACATED; REMANDED.
DAUKSCH, W. SHARP and PETERSON, JJ., concur. . Davis was decided after sentencing in this case.
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Dontae Brown v. State, 692 So. 2d 987 (Fla. 5th DCA 1997)…6). Sentence VACATED; REMANDED. DAUKSCH and GOSHORN, JJ., concur. . § 812.13, Fla.Stat. . § 39.059(7)(c), Fla.Stat. (1993); Walker v. State, 656 So. 2d 950 (Fla. 5th DCA 1995); Varela v. State, 650 So. 2d 683 (Fla. 5th DCA 1995); Parks v. State, 637 So. 2d 347 (Fla. 5th DCA 1994).…
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Murray v. State, 648 So. 2d 327 (Fla. 5th DCA 1995)…ppeals the imposition of adult sanctions following his plea to one count of robbery with a firearm and three counts of kidnapping with intent to commit a felony with a weapon. We reverse. Troutman v. State, 630 So. 2d 528 (Fla.1993); Parks v. State, 637 So. 2d 347 (Fla. 5th DCA 1994). Upon remand, the trial court may [*328] again impose adult sanctions if the findings required by Troutman can be made. REVERSED and REMANDED. HARRIS, C.J., and GOSHORN and DIAMANTIS, JJ., concur.…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- State v. Davis, 630 So. 2d 1059 (Fla. 1994)
- Troutman v. State, 630 So. 2d 528 (Fla. 1993)
- Edler v. State, 630 So. 2d 528 (Fla. 1993)
- Isom v. State, 619 So. 2d 369 (Fla. 3d DCA 1993)