Murray v. State

Full title: KELVIN L. MURRAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 2, 1980

382 So. 2d 765 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-1839.

April 2, 1980.

Appeal from Circuit Court, Pinellas County; David F. Patterson, Judge.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Section 39.111(6)(d), Florida Statutes (1979), requires that a trial court, when imposing adult sanctions on a juvenile convicted of a crime, make findings of fact and set forth reasons showing those sanctions to be in conformity with the criteria of Section 39.111(6)(c). The record here reveals that the trial judge failed to refer to all of the six criteria mentioned in that section when he sentenced appellant.

We affirm the judgment of the trial court, but vacate the sentence and remand for resentencing pursuant to Section 39.111(6). See Proctor v. State, 373 So.2d 450 (Fla. 2d DCA 1979); Johnson v. State, 371 So.2d 556 (Fla. 2d DCA 1979).

SCHEB, Acting C.J., and OTT and CAMPBELL, JJ., concur.