JOSEPH MESSAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
W. SHARP, Judge.
We affirm Messam’s convictions, but vacate the sentences he received as an adult. The trial judge entered a written order which explained in a conclusory way, why the judge thought Messam should be sentenced as an adult, rather than as a juvenile. The order is a printed form, on which the judge has penned his initials and made checkmarks in some blanks. The judge made no individualized findings relating to Messam, these crimes, or Messam’s prior record, although during the sentencing hearing the judge orally stated adequate findings to support his decision.
The form findings entered m this case are legally insufficient to comply with the statutory mandate of section 39.059(7)(e), Florida Statutes (1991), as defined in Troutman v. State, 630 So. 2d 528 (Fla.1993). See also McCoy v. State, 632 So. 2d 181 (Fla. 5th DCA 1994). We have no alternative but to vacate the sentence and remand this case for resentencing. On remand, the trial judge may impose adult sanctions after making the individualized written findings required by the statute. AFFIRM in part; VACATE SENTENCES; REMAND.
DAUKSCH and GOSHORN, JJ., concur.
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Satalino v. State, 652 So. 2d 1231 (Fla. 2d DCA 1995)…; Hannah v. State, 644 So. 2d 141 (Fla. 2d DCA 1994), and an ever-expanding list of additional cases. On resentencing, the trial court may impose adult sanctions after making the appropriate specific findings in a written order. See Messam v. State, 640 So. 2d 162 (Fla. 5th DCA 1994). Reversed and remanded for resentencing. ALTENBERND and LAZZARA, JJ., concur.…
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Frattallone v. State, 658 So. 2d 1130 (Fla. 2d DCA 1995)…nt of section 39.059(7)(c) that individualized findings be made with regard to each of the criteria set forth in that statute for determining the suitability of adult sanctions. Satalino v. State, 652 So. 2d 1231 (Fla. 2d DCA 1995); Messam v. State, 640 So. 2d 162 (Fla. 5th DCA 1994). Accordingly, we must reverse Frattallone’s sentence and remand for resentencing, at which time the trial court may again impose adult sanctions provided it makes and reduces to writing the appropriate individualized findings req…
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Street v. State, 665 So. 2d 359 (Fla. 5th DCA 1995)…of section 39.059(7)(c), but which fails to contain individualized findings specific to the juvenile, the juvenile’s offenses, or the juvenile’s prior record, is legally insufficient to support the imposition of adult sanctions. See Messam v. State, 640 So. 2d 162 (Fla. 5th DCA 1994); see also Frattallone v. State, 658 So. 2d 1130 (Fla. 2d DCA 1995); Satalino v. State, 652 So. 2d 1231 (Fla. 2d DCA 1995). There are exceptions to a trial court entering detañed written findings. As examples, the trial court is…
Authorities Cited
- Troutman v. State, 630 So. 2d 528 (Fla. 1993)
- Edler v. State, 630 So. 2d 528 (Fla. 1993)
- McCOY v. State, 632 So. 2d 181 (Fla. 5th DCA 1994)