JUSTIN SUMMERS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1996-03-27

No. 95-2165

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.

670 So. 2d 1111 Florida District Court of Appeal, Third District (1996) Positive Treatment

Cited by 1 case

Topics

Collateral Review Departure Sentence

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Opinion of the Court

PER CURIAM.

Even though the State concedes that the trial court failed to consider in writing each of the statutory criteria for imposing adult sanctions on a juvenile, this case is affirmed on the reasoning of Davis v. State, 661 So. 2d 1193 (Fla.1995), State v. Callaway, 658 So. 2d 983 (Fla.1995), and Springer v. State, 660 So. 2d 310 (Fla. 1st DCA 1995), cause dismissed, 670 So. 2d 940 (Fla.1996).

However, because, as in Springer, we recognize that there may be differences between the failure to enter a contemporaneous reason for a departure sentence and the failure to enter written findings justifying adult sanctions for a juvenile offender under section 39.059(7)(e) Florida Statutes (1991), we certify the same question that was certified in Springer as being one of great public importance:

IS THE FAILURE OF THE TRIAL COURT TO ENTER THE WRITTEN FINDINGS REQUIRED BY SECTION 39.059(7)(C), FLORIDA STATUTES (1991) AND TROUTMAN V STATE, 630 S0.2D 528 (FLA1993) COGNIZABLE COLLATERALLY?

Springer, 660 So. 2d at 312.

Affirmed, question certified.

SCHWARTZ, C.J., and GODERICH, J., concur.

Concurrence

COPE, Judge

(concurring).

I concur and note that this court’s decision in Washington v. State, 642 So. 2d 61, 63 (Fla. 3d DCA 1994), is no longer good law in light of Davis v. State, 661 So. 2d 1193 (Fla.1995), and State v. Callaway, 658 So. 2d 983 (Fla.1995).

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Citator

Cited By

Summers v. State, 684 So. 2d 729 (Fla. 1996)

…of great public importance: IS THE FAILURE OF THE TRIAL COURT TO ENTER THE WRITTEN FINDINGS REQUIRED BY SECTION 39.059(7)(C), FLORIDA STATUTES (1991) AND TROUTMAN V STATU, 680 So. 2d 528 (Fla.1993) COGNIZIBLE COL-' LATERALLY? Summers v. State, 670 So. 2d 1111 (Fla. 3d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Troutman v. State, 630 So. 2d 528 (Fla. 1993), we held that pursuant to the legislature’s clear mandate, a trial court must consider each of the criteria of section 39.059…

Authorities Cited

Davis v. State, 661 So. 2d 1193 (Fla. 1995)
State v. Callaway, 658 So. 2d 983 (Fla. 1995)
Washington v. State, 642 So. 2d 61 (Fla. 3d DCA 1994)
Springer v. State, 660 So. 2d 310 (Fla. 1st DCA 1995)

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