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Diaz v. State

District Court of Appeal of Florida, Fourth District
Nov 18, 1992
608 So. 2d 550 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-0736.

November 18, 1992.

Appeal from the Circuit Court for Broward County; Barry E. Goldstein, Judge.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant, a juvenile, plead guilty to a charge of robbery and was sentenced as an adult over his objection. Because the sentencing order failed to include a specific finding of fact on criterion 4 of section 39.059(7)(c), Florida Statutes 1991, we must vacate the sentence and remand for resentencing. Kohler v. State, 588 So.2d 689 (Fla. 4th DCA 1991); West v. State, 503 So.2d 435 (Fla. 4th DCA 1987).

DELL and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.


Summaries of

Diaz v. State

District Court of Appeal of Florida, Fourth District
Nov 18, 1992
608 So. 2d 550 (Fla. Dist. Ct. App. 1992)
Case details for

Diaz v. State

Case Details

Full title:MICHAEL DIAZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 18, 1992

Citations

608 So. 2d 550 (Fla. Dist. Ct. App. 1992)