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Upshaw v. State

District Court of Appeal of Florida, Fourth District
Mar 20, 1985
464 So. 2d 1355 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1182.

March 20, 1985.

Appeal from the Circuit Court, Broward County, Russell E. Seay, Jr., J.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's conviction but reverse his sentence for (1) failure of the trial court to explicate in writing, pursuant to section 39.111(6), Florida Statutes, the factors enumerated in the statute and reasons for the decision to impose adult sanctions, Cooper v. State, 465 So.2d 1334 (1985); (2) failure of the record to confirm that the trial court referred to all six of the criteria mentioned in the statute (particularly, subsections (c)(4) and (c)(5)), Murray v. State, 382 So.2d 765 (Fla. 2d DCA 1980); and (3) failure of the record to disclose that a predisposition report was considered by the trial court. See Leach v. State, 407 So.2d 1066 (Fla. 2d DCA 1981). We therefore remand for resentencing.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

DOWNEY, HERSEY and BARKETT, JJ., concur.


Summaries of

Upshaw v. State

District Court of Appeal of Florida, Fourth District
Mar 20, 1985
464 So. 2d 1355 (Fla. Dist. Ct. App. 1985)
Case details for

Upshaw v. State

Case Details

Full title:GRADY UPSHAW, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 20, 1985

Citations

464 So. 2d 1355 (Fla. Dist. Ct. App. 1985)

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