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Wilks v. State

District Court of Appeal of Florida, First District
Dec 5, 1990
570 So. 2d 447 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-3319.

December 5, 1990.

An appeal from the Leon County Circuit Court; P. Kevin Davey, Judge.

Barbara M. Linthicum, Public Defender; Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.

Robert R. Butterworth, Atty. Gen., Edward C. Hill, Asst. Atty. Gen., Tallahassee, for appellee.


This is an appeal from the imposition of adult sanctions upon a juvenile defendant. The record reveals that the trial court failed to comply with section 39.111(7)(d), Florida Statutes (1989), in that the court failed to make specific findings of fact as to each of the six criteria for determining suitability of adult sanctions. Specifically, the trial court failed to adequately address those portions of the first and sixth criteria concerning the extent to which adult sanctions are required for the protection of the public. See § 39.111(7)(c)1, 6, Fla. Stat. (1989). Upon remand, the trial court must consider each of the six criteria listed in section 39.111(7)(c), and include specific findings of fact and reasons for imposing an adult sanction. Martin v. State, 547 So.2d 998 (Fla. 1st DCA 1989).

Accordingly, we REVERSE and REMAND for resentencing.

ERVIN, WIGGINTON and MINER, JJ., concur.


Summaries of

Wilks v. State

District Court of Appeal of Florida, First District
Dec 5, 1990
570 So. 2d 447 (Fla. Dist. Ct. App. 1990)
Case details for

Wilks v. State

Case Details

Full title:SHAWN PATRICK WILKS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Dec 5, 1990

Citations

570 So. 2d 447 (Fla. Dist. Ct. App. 1990)