PAUL THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed juvenile's adult sentences for robbery and attempted robbery because trial court failed to make required statutory findings of suitability under section 39.059(7)(c).
A trial court must make specific written findings of fact applying all six statutory criteria to determine a juvenile's suitability for adult sanctions before sentencing the juvenile as an adult.
[1] Trial court must make individualized written findings of fact applying all six statutory criteria to determine juvenile's suitability for adult sanctions; conclusory lang…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the trial court must give an individualized evaluation of how a particular juvenile fits within the criteria. Mere conclusory language that tracks the statutory criteria is insufficient.”
Troutman v. State, 630 So. 2d 528, 531 (Fla.1993), establishing the standard for required findings in juvenile sentencing as adult.
Paul Thomas, a juvenile, was convicted of robbery and attempted robbery and sentenced as an adult without the trial court making the required statutor…
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HALL, Acting Chief Judge.
Paul Thomas appeals his sentences for robbery and attempted robbery. He was a juvenile when he committed the offenses, and he contends, and the state agrees, that the trial court erred in sentencing him as an adult without making the findings required by section 39.059(7)(c), Florida Statutes (1991). We reverse and remand for resentencing.
Section 39.059(7)(c) mandates that before a juvenile may be sentenced as an adult, the trial court must determine whether he is suitable for adult sanctions. This determination is to be made by applying the six criteria set forth in the statute and making specific findings of fact with regard to each: “[T]he trial court must give an individualized evaluation of how a particular juvenile fits within the criteria. Mere conclusory language that tracks the statutory criteria is insufficient.” Troutman v. State, 630 So. 2d 528, 531 (Fla.1993). These findings of fact must be made in writing and must be provided at the time of sentencing. Id. at 532; § 39.059(7)(d).
Because the trial court failed to follow the mandatory requirements of section 39.-059(7)(c) and (d) in sentencing Thomas as an adult, we must reverse the sentence and remand for resentencing in accordance with these requirements.
Reversed' and remanded for resentencing.
THREADGILL and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sherrer v. State, 648 So. 2d 322 (Fla. 4th DCA 1995)…e reverse and remand so that an appropriate determination may be made and a proper sentencing order rendered as required by Troutman v. State, 630 So. 2d 528 (Fla.1993). See also Goodman v. State, 638 So. 2d 213 (Fla. 4th DCA 1994); Thomas v. State, 639 So. 2d 204 (Fla. 2d DCA 1994). REVERSED AND REMANDED. HERSEY, GUNTHER and POLEN, JJ., concur.…
Authorities Cited
- Troutman v. State, 630 So. 2d 528 (Fla. 1993)
- Edler v. State, 630 So. 2d 528 (Fla. 1993)