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Tucker v. State

District Court of Appeal of Florida, Second District
Apr 30, 1997
692 So. 2d 983 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-04952

Opinion filed April 30, 1997.

Appeal from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.

James Marion Moorman, Public Defender, and Jeffrey M. Pearlman, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.


The appellant, Herman Tucker, challenges the sentences imposed upon him after he pled guilty to two counts of false imprisonment, two counts of battery, two counts of aggravated assault, obstructing or opposing an officer with violence, and battery on a law enforcement officer. We reverse and remand for resentencing.

While we affirm without further discussion the appellant's convictions we must reverse appellant's sentences and remand for resentencing because the trial court failed to reduce to writing its decision to sentence appellant as an adult.Collins v. State, 685 So.2d 1345 (Fla. 2d DCA 1996). The trial court is no longer required to make specific factual findings in regard to adult sanctions, however, the statute still requires that a court's decision to impose adult sanctions must be in writing. § 39.059(7)(d), Fla. Stat. (1995); Collins 685 So.2d at 1346. Because the trial court did not enter the required written order, we reverse and remand for resentencing.

Reversed and remanded for resentencing.

THREADGILL, C.J., and SCHOONOVER and NORTHCUTT, JJ., Concur.


Summaries of

Tucker v. State

District Court of Appeal of Florida, Second District
Apr 30, 1997
692 So. 2d 983 (Fla. Dist. Ct. App. 1997)
Case details for

Tucker v. State

Case Details

Full title:HERMAN TUCKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 30, 1997

Citations

692 So. 2d 983 (Fla. Dist. Ct. App. 1997)