TIMOTHY W. THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by failing to consider statutory factors before imposing adult sanctions on a juvenile offender.
The appellant, seventeen at the time of the offense, was convicted of grand theft. The trial court sentenced him as an adult without discussing the re…
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PATTERSON, Judge.
The appellant challenges his judgment and sentence for grand theft. He argues that the trial court erred in failing to consider the factors in section 39.059(7)(c), Florida Statutes (1991), before determining whether to impose adult sanctions upon him. We agree.
On August 12, 1992, the state filed an information charging the appellant with burglary of a dwelling and grand theft on May 24,1992. The appellant was seventeen years old on the date of the offense. He was tried by a jury, which acquitted him of burglary and found him guilty of grand theft.
On June 7, 1993, the trial court sentenced the appellant within the guidelines to five years in prison, with credit for time served. At the hearing, the trial court did not discuss its decision to sentence the appellant as an adult, as is required by section 39.059(7). See Croskey v. State, 601 So. 2d 1326 (Fla. 2d DCA 1992). The statute applies even though the appellant reached adulthood before the trial. See Toussaint v. State, 592 So. 2d 770 (Fla. 5th DCA 1992). Therefore, we reverse and remand for resentencing.
Reversed and remanded.
RYDER, A.C.J., and PARKER, J., concur.
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Dion Jermaine Casey v. State, 651 So. 2d 1230 (Fla. 2d DCA 1995)…nt also claims it was error for the trial court to sentence him as an adult without reducing its oral findings to writing as required by section 39.059(7), Florida Statutes (1993), Troutman v. State, 630 So. 2d 528 (Fla.1993), and Thompson v. State, 638 So. 2d 614 (Fla. 2d DCA 1994) (statutory written findings required even though defendant a juvenile at time of offense but adult at time of sentencing). The state concedes that this was error. We affirm the convictions but reverse for resentencing in accord…
Authorities Cited
- Matrion Croskey v. State, 601 So. 2d 1326 (Fla. 2d DCA 1992)
- Darius Toussaint v. State, 592 So. 2d 770 (Fla. 5th DCA 1992)