MARSHALL L. OLIVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed juvenile's attempted murder conviction with remand for written order imposing adult sanctions and correction of plea designation from guilty to no contest.
A trial court must reduce its decision to impose adult sanctions on a juvenile defendant to writing, even though it need not state its reasons in that order.
[1] A trial court must enter a written order imposing adult sanctions on a juvenile defendant as required by section 39.059(7)(d), Florida Statutes, although the order need n…
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Join FLexlaw to unlock all legal intelligence“section 39.059(7)(d), Florida Statutes (Supp. 1994), still requires that the court reduce its decision to impose adult sanctions to writing”
Court explaining the statutory requirement for written orders imposing adult sanctions on juveniles
Marshall Oliver, a juvenile, pleaded no contest to attempted murder and was sentenced as an adult.…
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RYDER, Acting Chief Judge.
Marshall Oliver pleaded no contest to a charge of attempted murder. He was a juvenile at the time of the offense, but was sentenced as an adult. The assistant public defender filed an Anders1 brief, stating that she had found no meritorious argument to support the contention that the trial court committed reversible error. She did, however, direct our attention to several issues. Mr. Oliver then filed a pro se, supplemental brief, raising numerous additional points. We have reviewed the record and the briefs and have found no error, except in two particulars.
First, the lower court did not enter a written order imposing adult sanctions. Although a trial court no longer needs to enter a written order stating its reasons why it is sentencing a juvenile defendant as an adult, section 39.059(7)(d), Florida Statutes (Supp. 1994), still requires that the court reduce its decision to impose adult sanctions to writing. Lunn v. State, 675 So. 2d 648 (Fla. 2d DCA 1996). We remand for entry of a written order. Second, the judgment incorrectly states that Mr. Oliver pleaded guilty. We remand for the lower court to correct the judgment to reflect that he pleaded no contest. In all other respects, the judgment and sentence are affirmed.
Affirmed in part, remanded for entry of written order and correction of judgment.
LAZZARA and QUINCE, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Dontae Brown v. State, 692 So. 2d 987 (Fla. 5th DCA 1997)…te the basis for the trial court’s decision, which in most cases most likely will rest upon one or some of the criteria set forth in the statute. This may be accomplished on remand. Smith v. State, 684 So. 2d 245 (Fla. 2d DCA 1996); Oliver v. State, 681 So. 2d 1185 (Fla. 2d DCA 1996); Crabb v. State, 676 So. 2d 505 (Fla. 1st DCA 1996); Roberts v. State, 677 So. 2d 1 (Fla. 5th DCA 1996). Sentence VACATED; REMANDED. DAUKSCH and GOSHORN, JJ., concur. . § 812.13, Fla.Stat. . § 39.059(7)(c), Fla.Stat. (1993); W…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Lunn v. State, 675 So. 2d 648 (Fla. 2d DCA 1996)