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Menchaca v. State

District Court of Appeal of Florida, Second District
Apr 29, 1994
636 So. 2d 178 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-02462.

April 29, 1994.

Appeal from the Circuit Court, Hillsborough County, Edward H. Ward, J.

James Marion Moorman, Public Defender, and Karen K. Purdy, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


Gustavo Menchaca was seventeen years old when he and several other young men forcefully invaded a home and terrorized the residents. He was charged with and convicted of armed burglary of a dwelling, two counts of robbery, grand theft of a firearm, and grand theft of a motor vehicle. Menchaca now challenges his sentence, contending that the trial court erred by failing to make written findings concerning the propriety of adult sanctions. We agree and remand for resentencing.

The trial court was bound to consider each of the criteria in section 39.059(7)(c), Florida Statutes, and to provide written reasons for the decision to impose adult sanctions contemporaneous with the sentencing. Troutman v. State, 630 So.2d 528 (Fla. 1993). On remand, the court may impose adult sanctions after strict application of the statutory criteria and the reduction of his findings to writing. Troutman.

Reversed and remanded for resentencing.

PATTERSON and BLUE, JJ., concur.


Summaries of

Menchaca v. State

District Court of Appeal of Florida, Second District
Apr 29, 1994
636 So. 2d 178 (Fla. Dist. Ct. App. 1994)
Case details for

Menchaca v. State

Case Details

Full title:GUSTAVO MENCHACA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 29, 1994

Citations

636 So. 2d 178 (Fla. Dist. Ct. App. 1994)

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