Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

Newberry v. State597 So. 2d 812 (Fla. Dist. Ct. App. 1992) · DCA91-2055

Court
District Court of Appeal
Decided
1992-02-04
On CourtListener
PER CURIAM.

Based upon a review of the record on appeal and a confession of error by the State, we hold that it was error for the trial court to sentence the defendant, a juvenile, as an adult without entering a specific written finding of fact and reasons for the decision to impose adult sanctions as required by section 39.059(7)(d), Florida Statutes (Supp.1990). See Stanley v. State, 582 So.2d 140 (Fla. 5th DCA 1991); Stickles v. State, 579 So.2d 878 (Fla. 2d DCA 1991); Tighe v. State, 571 So.2d 83 (Fla. 5th DCA 1990).

Accordingly, we vacate the sentence imposed and remand this case for resentenc-ing. Upon remand if the basis for the required findings are present and the trial court complies with section 39.059(7)(d), it may again impose adult sanctions.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.