BYRON TISDOL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court held that a juvenile who fails to challenge an adult sentence on direct appeal waives any objection to the trial court's failure to issue a contemporaneous written order explaining the reasons for the adult sanction, and cannot later raise this procedural defect when appealing a subsequent sentence for violating community control.
A juvenile waives objection to the trial court's failure to comply with the statutory requirement to issue a written order explaining the reasons for imposing adult sanctions if the juvenile does not raise the objection on direct appeal from the initial sentencing. The juvenile cannot circumvent this waiver by raising the issue in an appeal of a later sentence imposed for a violation of community control.
[1] A juvenile waives the right to object to a trial court's failure to issue a contemporaneous written order explaining the reasons for imposing an adult sentence by failing…
[2] A juvenile who does not object to the imposition of adult sanctions on direct appeal cannot later challenge the validity of the original sentence in an appeal of a subseq…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This Court has recognized that a juvenile can waive the judge's failure to issue a written order if the juvenile does not raise an objection in his direct appeal.”
Establishes the waiver doctrine applicable to statutory written order requirements in juvenile adult sanction cases.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 1993, Byron Tisdol, age 14, pleaded guilty to attempted sexual battery and false imprisonment. The trial court imposed adult sanctions, sentencing …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Of Juveniles As Adults cases and more on FLexlaw
PER CURIAM.
Upon consideration of petitioner’s motion, rehearing is granted. The opinion issued in this case on September 21, 2000, is withdrawn and the following opinion is substituted in its place.
We have for review Tisdol v. State, 747 So. 2d 428 (Fla. 3d DCA 1999), which cited to Cargle v. State, 701 So. 2d 359 (Fla. 1st DCA 1997), approved, 770 So. 2d 1151 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420 (Fla.1981).
In 1993, when Byron Tisdol was 14, he pled guilty to the reduced charges of attempted sexual battery and false imprisonment. The trial court found Tisdol guilty, made oral findings as to why adult sanctions were warranted, and sentenced him to 364 days in jail, followed by three years’ probation. Tisdol violated the conditions of his probation numerous times and was resentenced. After additional probation violations, on April 15, 1998, Tisdol pled guilty to violating his probation in exchange for a 17 year sentence, to be suspended for the imposition of two years of community control and followed by two years of probation. Tisdol was warned that if he violated these conditions, there would be no mitigation as to the sentence to be imposed. Tisdol violated community control within months and was sentenced to 17 years’ imprisonment. On appeal of his most recent resentencing, Tisdol asserted for the first time that the initial adult sanction was invalid because, in 1994, the trial court failed to comply with section 39.059, Florida Statutes (1993), which required that when a judge sentences a juvenile' as an adult, he or she must issue a contemporaneous written order explaining the reasons for imposing an adult sentence.
This Court has recognized that a juvenile can waive the judge’s failure to issue a written order if the juvenile does not raise an objection in his direct appeal. See Summers v. State, 684 So. 2d 729 (Fla.1996). In this case, Tisdol failed to file a direct appeal relative to the initial determination that adult sanctions were warranted and has accordingly waived the trial court’s failure to comply with section 39.059, Florida Statutes. He cannot now circumvent this waiver by raising the issue in an appeal of a later sentence imposed for a violation of community control. See also Stroble v. State, 689 So. 2d 1089, 1090 (Fla. 5th DCA 1997) (holding that “one who takes advantage of an invalid sentence until he violates community control is es-topped to assert the invalidity of his original sentence”). Accordihgly, we approve the result in Tisdol v. State, 747 So. 2d 428 (Fla. 3d DCA 1999).
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sharif S. Miffin v. State, 240 So. 3d 701 (Fla. 2d DCA 2018)
-
Jackson v. State, 145 So. 3d 935 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See Tisdol v. State, 794 So. 2d 576 (Fla.2001); State v. King, 426 So. 2d 12 (Fla.1982); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 2009); Waiter v. State, 965 So. 2d 861 (Fla. 2d DCA 2007); Jackson v. State, 737 So. 2d 1089 (Fla. 2d DCA 1999) (table decision); Jackson v. State, 728…
-
Karel v. State, 145 So. 3d 937 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See Tisdol v. State, 794 So. 2d 576 (Fla.2001); Lee v. State, 666 So. 2d 209 (Fla. 2d DCA 1995); Carson v. State, 37 So. 3d 884 (Fla. 1st DCA 2010); Dupree v. State, 708 So. 2d 968 (Fla. 1st DCA 1998); McMillan v. State, 701 So. 2d 1214 (Fla. 3d DCA 1997). KELLY, VILLANTI, and LaROS…
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
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Summers v. State, 684 So. 2d 729 (Fla. 1996)
- Stroble v. State, 689 So. 2d 1089 (Fla. 5th DCA 1997)
- Rico L. Cargle v. State, 770 So. 2d 1151 (Fla. 2000)
- Rico L. Cargle v. State, 701 So. 2d 359 (Fla. 1st DCA 1997)
- Tisdol v. State, 747 So. 2d 428 (Fla. 3d DCA 1999)