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Walker v. State

District Court of Appeal of Florida, Third District
Feb 25, 1986
483 So. 2d 825 (Fla. Dist. Ct. App. 1986)

Opinion

No. 84-2038.

February 25, 1986.

Appeal from the Circuit Court, Monroe County, David P. Kirwan, J.

Bennett H. Brummer, Public Defender, and Karen M. Gottlieb, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.


Subsequent to juvenile defendant Walker's guilty plea and conviction of burglary of an occupied dwelling, the trial court, upon HRS recommendations, imposed adult youthful offender sanctions and departed from sentencing guidelines. We reverse because the trial court failed to comply with the mandatory provisions of section 39.111(6)(c), (d), Florida Statutes (1983), when it decided to sentence Walker as an adult.

Section 39.111(6)(c) prescribes the criteria to be considered by the trial court when determining a juvenile's suitability for adult sanctions; section 39.111(6)(d) requires the entry of a written order applying the specified criteria. Although the trial court addressed some of the statutory factors, its failure to enter a written order supporting its decision upon consideration of all the statutory criteria mandates reversal. State v. Rhoden, 448 So.2d 1013 (Fla. 1984); Johnson v. State, 477 So.2d 56 (Fla. 5th DCA 1985); Jones v. State, 474 So.2d 1267 (Fla. 1st DCA 1985); Franklin v. State, 473 So.2d 763 (Fla. 1st DCA 1985).

Our ruling on this point makes it unnecessary for us to decide defendant's apparently meritorious challenge to the trial court's imposition of a sentence which deviated from sentencing guidelines.

Reversed and remanded for resentencing.


Summaries of

Walker v. State

District Court of Appeal of Florida, Third District
Feb 25, 1986
483 So. 2d 825 (Fla. Dist. Ct. App. 1986)
Case details for

Walker v. State

Case Details

Full title:MARK SHANE WALKER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 25, 1986

Citations

483 So. 2d 825 (Fla. Dist. Ct. App. 1986)

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