JAMIE MICHELLE CRAIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jamie Crain, a juvenile transferred for adult prosecution, pleaded guilty and received juvenile sanctions but later violated her commitment. When the trial court revoked her juvenile adjudication and imposed a youthful offender sentence, it failed to conduct the required dispositional hearing under Florida Statutes § 39.059(7). The appellate court reversed and remanded for resentencing in compliance with the statutory requirement.
The trial court failed to comply with § 39.059(7) by failing to conduct a required dispositional hearing before imposing the youthful offender sentence. Since a youthful offender sentence constitutes an adult sanction, the statutory procedure must be followed.
[1] A trial court must comply with section 39.059(7), Florida Statutes, before imposing adult sanctions on a juvenile.
[2] A youthful offender sentence constitutes an adult sanction.
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Join FLexlaw to unlock all legal intelligence“A youthful offender sentence is an adult sanction.”
Establishes that youthful offender sentences must comply with adult sentencing procedures including the required dispositional hearing.
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Join FLexlaw to unlock all legal intelligenceCrain was a juvenile charged with uttering a forged check and robbery and was transferred for adult prosecution via direct-filed information. She plea…
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PER CURIAM.
Jamie Crain raises several issues in this appeal of her sentence as a youthful offender for the offenses of uttering a forged check and robbery. We find merit only in her contention that the trial court failed to comply with section 39.059(7), Florida Statutes (1993), before imposing adult sanctions. Accordingly, we reverse and remand for resentencing.
Crain was a juvenile at the time of the offenses but was transferred for adult prosecution pursuant to a direct-filed information. § 39.047(4)(e)5., Fla.Stat. (1993). She pleaded guilty with the understanding that she would receive juvenile sanctions. The trial court then adjudicated Crain delinquent and committed her to a residential treatment program with the Department of Health and Rehabilitative Services for an indeterminate period not to exceed her nineteenth birthday. The order of commitment put Crain on notice in accordance with section 39.059(6)(b) that if she did not prove suitable for treatment under the supervision of the department then the trial court could “revoke the adjudication of delinquency, impose an adjudication of guilt, reclassifying the defendant as a youthful offender, when appropriate, and impose any sentence which it may lawfully impose.”
Crain subsequently violated her commitment by running away from her halfway house. Following her apprehension, the trial court conducted a perfunctory hearing at which it merely revoked Crain’s order of delinquency and sentenced her as a youthful offender for both offenses under section 958.04, Florida Statutes (1993). At no time did it conduct a dispositional hearing under section 39.059(7) before deciding to impose a youthful offender sentence.
A youthful offender sentence is an adult sanction. Cooper v. State, 465 So. 2d 1334 (Fla. 4th DCA 1985). Consequently, before sentencing Crain as a youthful offender, the trial court was required to comply with section 39.059(7). See Powell v. State, 606 So. 2d 486 (Fla. 5th DCA 1992). Accordingly, we reverse Crain’s sentence and remand for resentencing in compliance with section 39.059(7), Florida Statutes (1993).
Reversed and remanded for resentencing.
FRANK, C.J., and ALTENBERND and LAZZARA, JJ., concur.
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Chauncey L. Davis v. State, 677 So. 2d 1366 (Fla. 4th DCA 1996)…), Fla. Stat. (1993); see Cooper v. State, 465 So. 2d 1334, 1335 (Fla. 4th DCA 1985)1. Because there were only two options, this court classified a youthful offender sentence as an adult sanction. Cooper, 465 So. 2d at 1336; see also Crain v. State, 653 So. 2d 442 (Fla. 2d DCA), review denied, 658 So. 2d 990 (Fla.1995). Courts strictly enforced the legislative mandate that the decision to impose adult sanctions be in [*1368] writing with specific findings of fact. See Troutman v. State, 630 So. 2d 528, 531-32…
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State v. Richardson, 766 So. 2d 1111 (Fla. 3d DCA 2000)…s discretion, the mitigation order is affirmed. Affirmed; conflict certified. . A youthful offender sentence is an adult sanction under Chapter 958, Florida Statutes, not a juvenile sanction under Chapter 985, Florida Statutes. See Crain v. State, 653 So. 2d 442 (Fla. 2d DCA), review denied, 658 So. 2d 990 (Fla. 1995); Cooper v. State, 465 So. 2d 1334 (Fla. 4th DCA 1985).…
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DeJESUS v. State, 862 So. 2d 847 (Fla. 4th DCA 2003)…was inapplicable to juvenile proceedings. However, the youthful offender sentence is an adult— not a juvenile—sentence. See State v. Richardson, 766 So. 2d 1111, 1113 n. 1 (Fla. 3d DCA 2000), rev. denied, 786 So. 2d 1189 (Fla.2001); Crain v. State, 653 So. 2d 442 (Fla. 2d DCA 1995), rev. denied, 658 So. 2d 990 (Fla.1995). The defendant’s third issue involves his strained construction of the registration requirements of the statute. He argues that because section 944.607(9), Florida Statutes (2002), provides…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cooper v. State, 465 So. 2d 1334 (Fla. 4th DCA 1985)
- Powell v. State, 606 So. 2d 486 (Fla. 5th DCA 1992)