STATE OF FLORIDA, PETITIONER,
v.
FELICE JOHN VEACH, RESPONDENT
[*1097] PER CURIAM.
We review Veach v. State, 614 So. 2d 680 (Fla. 1st DCA 1993), based on conflict with Preston v. State, 411 So. 2d 297 (Fla. 3d DCA), review denied, 418 So. 2d 1280 (Fla.1982). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
We recently resolved this conflict with our decisions in Sirmons v. State, 620 So. 2d 1249 (Fla.1993), and Troutman v. State, 630 So. 2d 628 (Fla.1993). On authority of Sirmons and Troutman we approve the First District’s decision in Veach and approve the opinion under review.
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
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State v. Griffith, 675 So. 2d 911 (Fla. 1996)…committed as a child. See, e.g., Troutman v. State, 630 So. 2d 528, 531 (Fla.1993); Sirmons v. State, 620 So. 2d 1249, 1252 (Fla.1993); State v. Rhoden, 448 So. 2d 1013, 1017 (Fla.1984); Veach v. State, 614 So. 2d 680 (Fla. 1st DCA 1993), approved, 630 So. 2d 1096 (Fla.1994). We hold that although Griffith was an adult when charged, tried, and sentenced, the trial court must comply with section 39.111(6) in light of the fact that he was a child at the time the offenses occurred and he neither waived his right…
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Griffith v. State, 654 So. 2d 936 (Fla. 4th DCA 1995)…the time of trial. The appellate court concluded the Florida Legislature did not intend for juveniles to be given adult sanctions merely because they were adults at trial. Id. Again, in Veach v. State, 614 So. 2d 680 (Fla. 1st DCA 1993), approved, 630 So. 2d 1096 (Fla.1994), the defendant was an adult when he was charged with “committing a lewd and lascivious act in the presence of, and on, a child, and sexual battery on a child less than 12 years of age, committed when he was 17.” The court imposed an adult…
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Fletcher Berry v. State, 636 So. 2d 555 (Fla. 2d DCA 1994)…J., specially concurring) (emphasis added). However, three months after Troutman, the supreme court approved, on the authority of Sirmons and Troutman, the decision and opinion in Veach v. State, 614 So. 2d 680 (Fla. 1st DCA 1993). State v. Veach, 630 So. 2d 1096 (Fla.1994). In Veach, the First District cited to Rhoden and stated “[wjhile a juvenile can waive his right to findings under section 39.059(7)(c)(l-6) before being sentenced as an adult, Rhoden, that waiver must be knowing, intelligent and manifest…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sirmons v. State, 620 So. 2d 1249 (Fla. 1993)
- Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)
- Ruiz v. State, 411 So. 2d 297 (Fla. 3d DCA 1982)
- Preston v. State, 411 So. 2d 297 (Fla. 3d DCA 1982)
- Felice John Veach v. State, 614 So. 2d 680 (Fla. 1st DCA 1993)