Opinion
Case No. 96-01661
Opinion filed March 19, 1997.
An Appeal from the Circuit Court for Dade County, Florida, Alex E. Ferrer, Judge.
LOWER TRIBUNAL NO. 95-19505
Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.
Before JORGENSON, FLETCHER and SORONDO, JJ.
Upon the state's confession of error, we reverse the sentence imposed below and remand to the trial court for re-sentencing.
The Department of Corrections (or the Department of Juvenile Justice) is instructed to add to the pre-sentence investigation its recommendation as to the proper disposition of this case. § 39.059,(7), Fla. Stat. (1995). Upon re-sentencing, the trial court will, if it decides to impose adult sanctions, enter a written order as required by section 39.059(7), Florida StatutesSee also Crabb v. State, 676 So.2d 505 (Fla. 1st DCA 1996).
Reversed and remanded for further proceedings consistent with this opinion.