CEDRIC O. BRIDGEWATER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1996-03-05
No. 95-1153
BOOTH, WOLF and VAN NORTWICK, JJ., concur.
668 So. 2d 1092 Florida District Court of Appeal, First District (1996) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Bridgewater appeals a final judgment and sentence imposing adult sanctions on a juvenile. We reject appellant’s position that the trial court was required to make specific written findings pursuant to section 39.059(7)(d), Fla.Stat. (Supp.1994), but agree that the trial court’s order imposing adult sanctions must be in writing. Thomas v. State, 662 So. 2d 1334 (Fla. 1st DCA 1995). This case, therefore, must be remanded for entry of a written order. A written nunc pro tunc sentencing order will satisfy the requirements of the statute. Therefore, no new sentencing hearing is required, nor need the appellant be physically present in court for the merely clerical or ministerial function of entering a written order conforming to the oral pronouncement of the court. Nation v. State, 668 So. 2d 284 (Fla. 1st DCA 1996). We, therefore, vacate the sentence and remand for the trial court to issue a written order if it still wishes to impose sanctions.

BOOTH, WOLF and VAN NORTWICK, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rico L. Cargle v. State, 701 So. 2d 359 (Fla. 1st DCA 1997)
    …cases decided before passage of the Criminal Appeal Reform Act of 1996 (Ch. 96-248, § 4, at 954, Laws of Florida.), a trial court’s failure to commit the decision to impose adult sanctions to written order was reversible error. Bridgewater v. State, 668 So. 2d 1092 (Fla. 1st DCA 1996); Nation v. State, 668 So. 2d 284 (Fla. 1st DCA 1996). Such error, however, was deemed ministerial in nature and did not require resentencing with the defendant present. Nation v. State, 668 So. 2d 284, 286 (Fla. 1st DCA 1996) (re…
  • Farmer v. State, 670 So. 2d 1143 (Fla. 1st DCA 1996)
    …bsequent written sentence. Freeman v. State, 644 So. 2d 356 (Fla. 1st DCA 1994). Upon remand, there is no necessity for Farmer to be present for correction of the judgment and sentence, as this will merely be a ministerial act. Bridgewater v. State, 668 So. 2d 1092 (Fla. 1st DCA 1996) (no new sentencing hearing is required, nor need the defendant be present in court for the merely clerical or ministerial function of entering a written order conforming to the oral pronouncement of the court). REVERSED and REMA…
  • V.B. v. State, 944 So. 2d 1185 (Fla. 1st DCA 2006)
    …d the defendant had admitted the violations, and the lower court’s oral revocation order was based on these admissions; thus, the case was remanded with directions to the trial court to enter a written revocation order). Accord Bridgewater v. State, 668 So. 2d 1092 (Fla. 1st DCA 1996). At the August 29, 2005, proceeding, the state did not request to present evidence during a later hearing; indeed, the state candidly admitted in its motion for relief that it believed V.B.’s brother would be held accountable fo…

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