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Siegle v. State

District Court of Appeal of Florida, Second District
Oct 20, 1993
625 So. 2d 955 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-03223.

October 20, 1993.

Appeal from the Circuit Court, Highlands County, J. Dale Durrance, J.

James Marion Moorman, Public Defender, and Tonja R. Vickers, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.


We affirm appellant's convictions for sale and possession of a hallucinogenic substance. However, we find that the trial court erred in imposing adult sanctions without first making the findings required by section 39.059(7)(c), Florida Statutes (1991). This is so even though appellant's sentence, two years' Youthful Offender community control, was the result of a plea agreement. Sirmons v. State, 620 So.2d 1249 (Fla. 1993); Thomas v. State, 623 So.2d 1238 (Fla. 2d DCA 1993). After remand the trial court may reimpose the adult sanction provided the statutory findings are made.

Reversed and remanded for resentencing.

SCHOONOVER, A.C.J., and THREADGILL and BLUE, JJ., concur.


Summaries of

Siegle v. State

District Court of Appeal of Florida, Second District
Oct 20, 1993
625 So. 2d 955 (Fla. Dist. Ct. App. 1993)
Case details for

Siegle v. State

Case Details

Full title:DAVID LEE SIEGLE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 20, 1993

Citations

625 So. 2d 955 (Fla. Dist. Ct. App. 1993)