MARVIN WOODS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1994-07-06
No. 93-1718
GUNTHER, FARMER and KLEIN, JJ., concur.
639 So. 2d 676 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

In sentencing this juvenile as an adult, the trial court wrote a factual finding as to the sophistication and maturity of the defendant that stated as follows: “The sophistication and maturity of the child.” The state concedes that under Troutman v. State, 630 So. 2d 528 (Fla.1993), the factual finding was insufficient to comply with section 39.-059(7)(c)4, Florida Statutes (1991). We reverse the sentence and remand for resentencing in compliance with section 39.-059(7) (c) as explained in Troutman.

GUNTHER, FARMER and KLEIN, JJ., concur.


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    …e was not informed that he would not be eligible for early release credits. While Woodall’s second argument avers that Ashley1 errors occurred during sentencing, those errors, if proven, would not constitute an illegal sentence. See Souza v. State, 639 So. 2d 676 (Fla. 4th DCA 1994) (holding that rule 3.800(a) cannot be used as a vehicle to seek relief from errors of the procedural category which occur during the imposition of punishment). Therefore, the trial court was correct in rejecting Woodall’s second…

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