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

Summers v. State670 So. 2d 1111 (Fla. Dist. Ct. App. 1996) · DCA95-2165-2

Court
District Court of Appeal
Decided
1996-03-27
On CourtListener
PER CURIAM.

Even though the State concedes that the trial court failed to consider in writing each of the statutory criteria for imposing adult sanctions on a juvenile, this case is affirmed on the reasoning of Davis v. State, 661 So.2d 1193 (Fla.1995), State v. Callaway, 658 So.2d 983 (Fla.1995), and Springer v. State, 660 So.2d 310 (Fla. 1st DCA 1995), cause dismissed, 670 So.2d 940 (Fla.1996).

However, because, as in Springer, we recognize that there may be differences between the failure to enter a contemporaneous reason for a departure sentence and the failure to enter written findings justifying adult sanctions for a juvenile offender under section 39.059(7)(e) Florida Statutes (1991), we certify the same question that was certified in Springer as being one of great public importance:

IS THE FAILURE OF THE TRIAL COURT TO ENTER THE WRITTEN FINDINGS REQUIRED BY SECTION 39.059(7)(e), FLORIDA STATUTES (1991) AND TROUTMAN V STATE, 630 S0.2D 528 (FLA1993) COGNIZABLE COLLATERALLY?

Springer, 660 So.2d at 312.

Affirmed, question certified.

SCHWARTZ, C.J., and GODERICH, J., concur.

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