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Marker v. State

District Court of Appeal of Florida, Second District
Sep 21, 1994
642 So. 2d 666 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-00652.

September 21, 1994.

Appeal from the Circuit Court for Pinellas County; Robert E. Beach, (Senior) Judge.

Gary M. Fernald, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.


David Nathaniel Marker appeals from his judgment and sentence for sexual battery upon a child less than twelve years old and handling and fondling a child less than sixteen years old. Marker was a juvenile at the time the offenses were committed. We find merit in his contention that the trial court erred in failing to render specific written findings of fact to support its decision to impose adult sanctions, pursuant to section 39.059(7)(d), Florida Statutes (1991). See Troutman v. State, 630 So.2d 528 (Fla. 1993) (trial court must consider criteria in section 39.059(7)(c) before imposing adult sanctions on a juvenile and must contemporaneously reduce its findings to writing).

Accordingly, we reverse and remand for resentencing in accordance with Troutman. The trial court may again impose adult sanctions upon Marker, provided it complies with the requirements of section 39.059. See Troutman, 630 So.2d at 532.

Reversed and remanded.

RYDER, A.C.J., and FULMER, J., concur.


Summaries of

Marker v. State

District Court of Appeal of Florida, Second District
Sep 21, 1994
642 So. 2d 666 (Fla. Dist. Ct. App. 1994)
Case details for

Marker v. State

Case Details

Full title:DAVID NATHANIEL MARKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 21, 1994

Citations

642 So. 2d 666 (Fla. Dist. Ct. App. 1994)