COREY STANLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a written order with specific findings of fact and reasons is required before imposing adult sanctions on a juvenile tried as an adult.
[1] A trial court must make a written determination, supported by specific findings of fact and reasons, as to the suitability of adult sanctions when a child pleads guilty t…
[2] A transcript can satisfy the writing requirement for imposing adult sanctions, but it must contain the requisite findings of fact and reasons for the decision.
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Join FLexlaw to unlock all legal intelligenceA fourteen-year-old defendant pleaded guilty to attempted robbery with a weapon after being transferred to adult court. The trial court imposed adult …
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DIAMANTIS, Judge.
Defendant appeals the imposition of adult sanctions following his plea of guilty to a charge of attempted robbery with a weapon. We reverse defendant’s sentence and remand for resentencing.
Defendant was fourteen years old at the time of the offense. The juvenile division of the circuit court transferred defendant to the felony division of the circuit court to be tried as an adult. Defendant plead guilty to attempted robbery with a weapon in violation of sections 812.13(2)(b) and 777.04 of the Florida Statutes (1989). Defendant contends that the trial court erred by imposing adult sanctions upon him without entering a proper order. When a child has been tried as an adult, as in this case, or pleads guilty and has been found to have committed a violation of Florida law before adult sanctions can be imposed the trial court must make a determination as to whether adult sanctions are suitable. § 39.111(7)(c), Fla.Stat. (1989). If, after considering the six criteria required by section 39.111(7)(c),1 the court decides to impose adult sanctions, the decision to do so must be in writing and must be in conformity with each of that section’s criteria. The court must render specific findings of fact and the reasons for the decision to impose adult sanctions. § 39.111(7)(d), Fla.Stat. (1989).2
The trial court did not render a written order complying with these statutory criteria. Although a transcript which is made part of the appellate record can satisfy the writing requirements of section 39.-lll(7)(d), it must contain the requisite findings of fact and reasons for the decision to impose adult sanctions. Taylor v. State, 573 So. 2d 173 (Fla. 5th DCA 1991); Lang v. State, 566 So. 2d 3354 (Fla. 5th DCA 1990); Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989). The transcript in this case does not contain these findings and reveals that the trial court did not address all of the criteria. Stickles v. State, 579 So. 2d 878 (Fla. 2d DCA 1991); Martin.
We reject the state’s argument that because the juvenile division had previously considered similar criteria in transferring defendant to the felony division for prosecution, any and all requirements as to consideration of the criteria in section 39.-lll(7)(c) have been met. Section 39.111(7) states that “[w]hen a child has been transferred for criminal prosecution and found to have committed a violation of Florida law, the following procedure shall govern the disposition of the case....” Clearly, section 39.111(7) requires the court to which the child is transferred and then found to have committed a violation of Florida law to make the required findings of fact and reasons for the decision to impose adult sanctions.
Accordingly, we reverse and remand for resentencing. Upon remand if the basis for the required findings are present and the trial court complies with section 39.-lll(7)(d), it may again impose adult sanctions. Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA 1990); Stickles; Martin. In the absence of such findings the defendant must be sentenced as a juvenile. Tighe; Stickles.
REVERSED and REMANDED for re-sentencing.
HARRIS and PETERSON, JJ., concur. .Section 39.111(7)(c) of the Florida Statutes (1989) requires the lower court to consider the following six criteria in considering the suitability or nonsuitability for adult sanctions:
1. The seriousness of the offense to the community and whether the protection of the community requires adult disposition.
2. Whether the offense was committed in an aggressive, violent, premeditated, or willful manner. 3. Whether the offense was against persons or against property, greater weight being given to offenses against persons, especially if personal injury resulted.
4. The sophistication and maturity of the child, as determined by consideration of his home, environmental situation, emotional attitude, and pattern of living.
5. The record and previous history of the child, including:
a. Previous contacts with the department, the Department of Corrections, other law enforcement agencies, and courts,
b. Prior periods of probation or community control,
c. Prior adjudications that the child committed a violation of law, and
d. Prior commitments to institutions.
6.The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the child if he is assigned to juvenile services and facilities.
. Section 39.11 l(7)(d) provides:
(d) Any decision to impose adult sanctions shall be in writing, and it shall be in conformity with each of the above criteria. The court shall render a specific finding of fact and the reasons for the decision to impose adult sanctions. Such order shall be reviewable on appeal by the child pursuant to s. 39.14.
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Citator
Cited By
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Theaniel Lee Kelly v. State, 605 So. 2d 990 (Fla. 5th DCA 1992)…ranscript which is part of the appellate record can satisfy the writing requirements of section [*992] 39.111(7)(d), the transcript must contain the requisite findings of fact and reasons for the decision to impose adult sanctions. Stanley v. State, 582 So. 2d 140 (Fla. 5th DCA 1991). We also note that neither the PDR nor the PSI specifically addresses the second statutory criterion for imposition of adult sanctions. But more importantly, “[m]ere reference to the reports does not satisfy sections 39.111(7)(c…
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Newberry v. State, 597 So. 2d 812 (Fla. 3d DCA 1992)…rt to sentence the defendant, a juvenile, as an adult without entering a specific written finding of fact and reasons for the decision to impose adult sanctions as required by section 39.059(7)(d), Florida Statutes (Supp.1990). See Stanley v. State, 582 So. 2d 140 (Fla. 5th DCA 1991); Stickles v. State, 579 So. 2d 878 (Fla. 2d DCA 1991); Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA 1990). Accordingly, we vacate the sentence imposed and remand this case for resentenc-ing. Upon remand if the basis for the requ…
Authorities Cited
- Martin v. State, 547 So. 2d 998 (Fla. 1st DCA 1989)
- Taylor v. State, 573 So. 2d 173 (Fla. 5th DCA 1991)
- NME Hosps., Inc. v. Azzariti, 573 So. 2d 173 (Fla. 2d DCA 1991)
- Tighe v. State, 571 So. 2d 83 (Fla. 5th DCA 1990)
- BAY Hosp. Inc. v. Dave Broxson and wife, 579 So. 2d 878 (Fla. 1st DCA 1991)
- Stickles v. State, 579 So. 2d 878 (Fla. 2d DCA 1991)