CORNELIUS COTTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CORNELIUS COTTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
652 So. 2d 1260
Florida District Court of Appeal, First District (1995)
Positive Treatment
Cited by 4 cases
Opinion of the Court
ERVIN, Judge.
The trial court erroneously considered appellant’s juvenile adjudications of delinquency as predicate offenses to support a habitual offender sentence. Shook v. State, 603 So. 2d 617 (Fla. 1st DCA 1992); Gahley v. State, 605 So. 2d 1309 (Fla. 1st DCA 1992). We reverse and remand for resentencing.
REVERSED and REMANDED for further proceedings.
MINER and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. J.M., 824 So. 2d 105 (Fla. 2002)…); Goodman v. State, 567 So. 2d 37, 37 (Fla. 3d DCA 1990). Furthermore, Florida courts have held that adjudications of delinquency cannot be used as “convictions” for the purpose of sentencing a defendant as a habitual offender. See Cotton v. State, 652 So. 2d 1260, 1260 (Fla. 1st DCA 1995); Gahley v. State, 605 So. 2d 1309, 1310 (Fla. 1st DCA 1992); Shook v. State, 603 So. 2d 617, 617 (Fla. 1st DCA 1992); see also City of Jacksonville v. Caverly, 727 So. 2d 307, 308 (Fla. 1st DCA 1999) (holding statute that p…
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Wilson v. State, 696 So. 2d 528 (Fla. 4th DCA 1997)…an adjudication of delinquency may not be deemed a “conviction.” See § 39.053(3), Fla. Stat. (1995). For this reason, juvenile adjudications are not considered prior “convictions” in classifying a defendant as an habitual offender. Cotton v. State, 652 So. 2d 1260 (Fla. 1st DCA 1995); Shook v. State, 603 So. 2d 617 (Fla. 1st DCA 1992). Similarly, a prior juvenile adjudication for a violent felony may not serve as an aggravating circumstance under the death penalty statute because it is not a “conviction” as r…
Authorities Cited
- Gahley v. State, 605 So. 2d 1309 (Fla. 1st DCA 1992)
- Shook v. State, 603 So. 2d 617 (Fla. 1st DCA 1992)