CHRISTOPHER J. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court failed to comply with statutory requirements for imposing adult sanctions on a juvenile.
Christopher Smith was convicted of burglary and grand theft and sentenced as an adult. The trial court did not issue a written order detailing its dec…
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PATTERSON, Acting Chief Judge.
Christopher Smith appeals from his judgments and sentences for thirteen counts of burglary and four counts of grand theft. Smith correctly contends that the trial court did not comply with section 39.059(7), Florida Statutes (1995), in sentencing him as an adult. Accordingly, we affirm Smith’s convictions but reverse and remand for resentencing.
The trial court sentenced Smith on November 6, 1995, after the October 1, 1994, effective date of the amendment to section 39.059(7). Because he was sentenced after the effective date of the amendment, the amended statute applies. See Collins v. State, 685 So. 2d 1345 (Fla. 2d DCA 1996); Grayson v. State, 671 So. 2d 855 (Fla. 4th DCA 1996).
The amended statute does not require the trial court to state in a written order specific findings and address all of the statutory criteria to impose adult sanctions; however, the “decision to impose adult sanctions must be in writing.” § 39.059(7)(d), Fla. Stat. (1995). While the trial court did state its reasons at the sentencing hearing for imposing adult sanctions, it did not put its decision to impose adult sanctions in writing. Smith also points out that the presentence investigation lacks a comments section and recommendation by the Department of Juvenile Justice, which section 39.059(7)(a), Florida Statutes (1995), requires. See Grayson, 671 So. 2d at 856. Thus, we reverse Smith’s sentences and remand for resentencing, at which time the trial court may again sentence Smith as an adult if it complies with section 39.059(7). See Collins, 21 Fla. L. Weekly at D1400, — So. 2d-. Affirmed in part, reversed in part, and remanded.
WHATLEY, J., and PADGETT, J. ROGERS, Associate Judge, concur.
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Wilson v. State, 696 So. 2d 528 (Fla. 4th DCA 1997)…on 39.059(7), Florida Statutes (1995). Because a complete PSI is necessary for an informed sentencing decision, we must remand this cause to the trial court for re-sentencing. See Grayson v. State, 671 So. 2d 855 (Fla. 4th DCA 1996); Smith v. State, 684 So. 2d 245 (Fla. 2d DCA 1996). Departure from the sentencing guidelines We have also considered appellant’s claim that the trial court erred in exceeding the sentencing guidelines for the reasons articulated in the sentencing order, i.e., (1) that the primar…
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Dontae Brown v. State, 692 So. 2d 987 (Fla. 5th DCA 1997)…iteria listed in section 39.059(7)(c), it should state 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…
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Benson v. State, 763 So. 2d 1235 (Fla. 2d DCA 2000)…e that the trial court failed to put its decision to sentence Benson as an adult in writing.1 The trial court must put its decision to sentence a juvenile to adult sanctions in writing. See § 39.059(7)(d), Fla. Stat. (1995). See also Smith v. State, 684 So. 2d 245 (Fla. 2d DCA 1996) (remanding for resentencing because the trial court failed to put its decision to sentence the juvenile as an adult in writing). Upon remand, the trial court may again impose adult sanctions if it puts its decision to do so in wri…
Authorities Cited
- Cemel Grayson v. State, 671 So. 2d 855 (Fla. 4th DCA 1996)
- Collins v. State, 685 So. 2d 1345 (Fla. 2d DCA 1996)