Dependency Law Finder

1. Glenn v. State 411 So. 2d 1367 · 5D81-120 · 5th DCA 1982

   This opinion cites § 39.111 22 times, the section generally

   · cited by 7 in all courts

   …of age when these crimes were committed, the trial court could not impose adult sanctions without strictly complying with the procedures outlined in section 39.111(6), Florida Statutes (1979). We affirm. Appellant was sentenced to two thirty-year concurrent sentences of imprisonment for the armed robberies, and a…

2. Griffith v. State 654 So. 2d 936 · 4D91-0297 · 4th DCA 1995

   This opinion cites § 39.111 17 times, the section generally

   · cited by 9 in all courts

   …were an adult. The child shall thereafter be subject to prosecution, trial, and sentencing as if the child were an adult but subject to the provisions of s. 39.111(6)." [ e.s. ] These two statutory provisions read together constitute a grant of exclusive jurisdiction to the "juvenile division" of the circuit court over…

3. Sirmons v. State 620 So. 2d 1249 · SC79754 · Florida Supreme Court 1993

   This opinion cites § 39.111 15 times, the section generally

   · cited by 27 in all courts

   …into a negotiated plea agreement that allows a court to consider the imposition of adult or juvenile sanctions, necessarily waives the right under section 39.111(7)(d), Florida Statutes (1989), [1] for the court to make certain required findings and reasons for the imposition of an adult sentence. We hold that absent an…

4. Toussaint v. State 592 So. 2d 770 · 5D91-901 · 5th DCA 1992

   This opinion cites § 39.111 15 times, the section generally

   · cited by 3 in all courts

   …his 18th birthday, and argues, for the first time on appeal, that the trial court, before imposing adult sanctions on the defendant, was required by section 39.111(7)(d), Florida Statutes, to provide specific findings and reasons why juvenile sanctions were inappropriate and why the defendant should be sentenced as an adult. …

5. Martin v. State 547 So. 2d 998 · 1D88-2084 · 1st DCA 1989

   This opinion cites § 39.111 15 times, the section generally

   · cited by 19 in all courts

   …Judge. This is an appeal from the imposition of adult sanctions upon a juvenile defendant. We find that the trial court failed to comply with section 39.111(7)(d), Florida Statutes (1987), in that the record does not reflect that the court considered each of the six criteria for determining suitability of adult…

6. State v. Rhoden 448 So. 2d 1013 · SC62918 · Florida Supreme Court 1984

   This opinion cites § 39.111 15 times, the section generally

   · cited by 173 in all courts

   …section 3(b)(3), Florida Constitution. This cause concerns the trial court's sentencing of the juvenile respondent as an adult without complying with section 39.111(6), Florida Statutes (1981), which mandates that, when *1015 sentencing a juvenile as an adult, the trial court must explain in writing why adult sanctions are…

7. Banks v. State 520 So. 2d 43 · 1DBP-378 · 1st DCA 1987

   This opinion cites § 39.111 12 times, the section generally

   · cited by 6 in all courts

   … SHIVERS, Judge. The appellant, Michiah Banks, appeals the trial court's determination, after remand, to impose adult sanctions pursuant to section 39.111(6)(c), Florida Statutes, and its decision to depart from the recommended guideline sentence. We reverse on both issues. The record in this case indicates that on…

8. Walcott v. State 460 So. 2d 915 · 5D83-1083 · 5th DCA 1984

   This opinion cites § 39.111 12 times, the section generally

   · cited by 6 in all courts

   …State, 400 So.2d 838 (Fla. 5th DCA 1981), applied the COR to sentencing errors (sentencing without a PSI and without prerequisite findings required by § 39.111(6), Fla. Stat.), citing Jones and Smith. Rubasky v. State, 401 So.2d 894 (Fla. 5th DCA 1981), cited Jones, Smith and Dunman and applied the…

9. Johnson v. State 371 So. 2d 556 · 2D79-106 · 2nd DCA 1979

   This opinion cites § 39.111 12 times, the section generally

   · cited by 31 in all courts

   …Judge. The judgment against appellant is affirmed, but we remand this case for resentencing of appellant in accordance with the provisions of Section 39.111(6), Florida Statutes (1978 Supp.). Appellant, age 17 at the time of the offense with which he was charged, was transferred from the juvenile division to the…

10. Hill v. State 596 So. 2d 1210 · 1D91-1920 · 1st DCA 1992

    This opinion cites § 39.111 11 times, the section generally

    · cited by 4 in all courts

    …must be reversed, and the case remanded for resentencing, based on the trial court's failure to make written findings on the criteria set forth in section 39.111(7)(c), Florida Statutes (1989). We agree, and reverse and remand for resentencing. Hill was 16 years old when he was charged with the sale and possession of…

11. Lang v. State 566 So. 2d 1354 · 5D89-2020 · 5th DCA 1990

    This opinion cites § 39.111 10 times, the section generally

    · cited by 20 in all courts

    …principally recited that the judge had considered a series of criteria that track the six statutory criteria for imposition of adult sanctions under section 39.111(7)(c), Florida Statutes. [2] The form order, entitled "Determination of the Suitability of Imposing Adult Sanctions", sets forth that the judge had, "[c]onsidered…

12. Goodson v. State 392 So. 2d 1335 · 1DPP-126 · 1st DCA 1980

    This opinion cites § 39.111 10 times, the section generally

    · cited by 33 in all courts

    …sentencing alternative in cases where a child prosecuted as an adult needs a more restrictive environment than that available under chapter 39. See §§ 39.111(1), (5)(b), and (6). However, in the context of providing a sentencing alternative to traditional adult sanctions, section 958.04(2) mandates youthful offender…

13. Flowers v. State 546 So. 2d 782 · 4D88-2650 · 4th DCA 1989

    This opinion cites § 39.111 9 times, the section generally

    · cited by 12 in all courts

    …Asst. Atty. Gen., West Palm Beach, for appellee. GUNTHER, Judge. We reverse the appellant's sentence and remand for resentencing pursuant to section 39.111(7), Florida Statutes (1987). We reverse the sentence imposing adult sanctions on the juvenile defendant because the trial court erred in failing to timely…

14. Barkley v. State 522 So. 2d 431 · 1DBR-338 · 1st DCA 1988

    This opinion cites § 39.111 9 times, the section generally

    · cited by 8 in all courts

    …escape charges is without merit. Second, appellant argues that the trial court erred in failing to consider the six specific statutory criteria of section 39.111(6)(c), Florida Statutes, pertaining to the suitability of adult sanctions for juveniles, and in failing to enter a written order containing the court's findings of…

15. Broome v. State 466 So. 2d 1271 · 5DAZ-458 · 5th DCA 1985

    This opinion cites § 39.111 8 times, the section generally

    · cited by 3 in all courts

    … Broome, a juvenile, was prosecuted and sentenced as an adult. On appeal he complains of the trial court’s failure to comply with the requirements of Section 39.111(6), Florida Statutes (1983), pertaining to the suitability or unsuitability of adult sanctions. The state claims that the defendant waived his right to raise…

16. Cooper v. State 465 So. 2d 1334 · 4D84-844 · 4th DCA 1985

    This opinion cites § 39.111 8 times, the section generally

    · cited by 8 in all courts

    …illegal for failure of the trial court to explicate the factors justifying the imposition of adult sanctions pursuant to the requirements imposed by sections 39.111(6)(c) and (d), Florida Statutes (1983). The state counters that (1) there can be no appeal following a plea of guilty in any event, and (2) sentencing as a…

17. Rhoden v. State 421 So. 2d 780 · 2D82-246 · 2nd DCA 1982

    This opinion cites § 39.111 8 times, the section generally

    · cited by 8 in all courts

    …but we find merit only to his contention that the trial court erred in sentencing him without following the juvenile disposition procedures set out in section 39.111(6), Florida Statutes (1981). Appellant correctly points out that the court failed to make reference to the six criteria as to suitability or nonsuitability of…

18. Bailey v. State 403 So. 2d 1106 · DCA80-393 · District Court of Appeal 1981

    This opinion cites § 39.111 8 times, the section generally

    · cited by 3 in all courts

    …sentenced him to five years in the state prison system. The basis of this appeal is that the trial court did not follow the procedures set out in section 39.111(6), Florida Statutes (1979), either at the time the initial adult sanction was imposed on appellant or at the time probation was revoked and he was sentenced to…

19. Schroeder v. State 391 So. 2d 260 · 3D80-141 · 3rd DCA 1980

    This opinion cites § 39.111 8 times, the section generally

    · cited by 4 in all courts

    …the sentences imposed for armed robbery in two separate cases on grounds that the trial court erred in failing to follow the sentencing procedures in Section 39.111, Florida Statutes (1979). These appeals are consolidated for the purpose of this opinion. On May 30, 1979, the grand jury returned three indictments against…

20. Kelly v. State 605 So. 2d 990 · DCA91-2075 · District Court of Appeal 1992

    This opinion cites § 39.111 7 times, the section generally

    · cited by 2 in all courts

    …resentencing after entry of adequate written findings supporting the imposition of adult sanctions. In an attempt to comply with the requirements of section 39.111(7)(c), 1 Florida Statutes (1989), the trial court entered an order determining that adult sanctions should be imposed. This order tracks five of the six statutory…

21. Taylor v. State 534 So. 2d 1181 · 4D88-0166 · 4th DCA 1988

    This opinion cites § 39.111 7 times, the section generally

    · cited by 4 in all courts

    …guidelines scoresheet nor a written order setting forth specific findings of fact and reasons for imposing adult sanctions, as delineated in section 39.111(7)(c) and (d), Florida Statutes. The question here is whether the trial court erred reversibly by failing to enter an order stating the bases for its decision to…

22. Bayes v. State 454 So. 2d 703 · DCAAT-483 · District Court of Appeal 1984

    This opinion cites § 39.111 7 times, the section generally

    … Beasley, supra. The appellant also argues that the trial court erred by failing to comply with the mandatory juvenile sentencing procedure in Section 39.111, Florida Statutes (1981). The appellant, 17 years old at the time of the proceedings below, was charged, tried, and sentenced as an adult. His attorney did…

23. Dixon v. State 451 So. 2d 485 · 3D83-654 · 3rd DCA 1984

    This opinion cites § 39.111 7 times, the section generally

    · cited by 9 in all courts

    …to the imposition of sentence below, the defendant has waived his procedural right to written trial court findings on the suitability of adult sanctions, § 39.111(6)(c), (d), Fla. Stat. (1983), and to a predisposition report on whether he should be treated as a juvenile for dispositional purposes. § 39.111(6)(a), Fla. Stat.…

24. Batch v. State 405 So. 2d 302 · 4D79-646 · 4th DCA 1981

    This opinion cites § 39.111 7 times, the section generally

    · cited by 9 in all courts

    … With respect to the appellant's sentence, he also advances two arguments for reversal. First, he argues that his sentence as an adult violates Section 39.111(6), Florida Statutes (1978 Supp.) which requires a predisposition hearing and written findings of fact, together with the reasons for imposing adult sanctions.…

25. Ritchie v. State 670 So. 2d 924 · SC85358 · Florida Supreme Court 1996

    This opinion cites § 39.111 6 times, the section generally

    · cited by 8 in all courts

    …had created *927 sentencing criteria for indicted children upon conviction which were separate and distinct from the Youthful Offender Act and section 39.111, Florida Statutes (1985). [6] Tomlinson, 589 So.2d at 363 (citing Duke, 541 So.2d at 1171 ). Children indicted and subsequently convicted of an…

26. Berry v. State 636 So. 2d 555 · 2D92-02701 · 2nd DCA 1994

    This opinion cites § 39.111 6 times, the section generally

    · cited by 4 in all courts

    …that he be released immediately. Solis . In State v. Rhoden, 448 So.2d 1013 (Fla. 1984), the supreme court construed the provisions of section 39.111(6), Florida Statutes (1981), the predecessor to section 39.059(7). [4] It determined that under the statutory scheme of juvenile justice, the legislature…

27. Tomlinson v. State 589 So. 2d 362 · 2D90-01459 · 2nd DCA 1991

    This opinion cites § 39.111 6 times, the section generally

    · cited by 7 in all courts

    …39.02(5)(c)(3), Florida Statutes (1989), empowered the trial court to impose adult sanctions without resort to the procedural safeguards enumerated in section 39.111(7), Florida Statutes (1989). The sentencing statute in effect on June 22, 1989, was section 39.02(5)(c)(3), Florida Statutes (1989), which provided as follows:…

28. Peters v. State 585 So. 2d 511 · DCA90-2289 · District Court of Appeal 1991

    This opinion cites § 39.111 6 times, the section generally

    · cited by 1 in all courts

    …In this criminal case, Peters, a juvenile, appeals from the sentence which imposed adult sanctions without first addressing the criteria set forth in section 39.111(7), Florida Statutes (1989). Peters was tried by a jury and found guilty of three felonies. The trial court ordered and received a predisposition report as…

29. Stanley v. State 582 So. 2d 140 · DCA90-1570 · District Court of Appeal 1991

    This opinion cites § 39.111 6 times, the section generally

    · cited by 2 in all courts

    …a violation of Florida law before adult sanctions can be imposed the trial court must make a determination as to whether adult sanctions are suitable. § 39.111(7)(c), Fla.Stat. (1989). If, after considering the six criteria required by section 39.111(7)(c), 1 the court decides to impose adult sanctions, the decision to do…

30. Smith v. State 543 So. 2d 419 · 5D88-732 · 5th DCA 1989

    This opinion cites § 39.111 6 times, the section generally

    · cited by 5 in all courts

    …the sentence, however, because in imposing adult sanctions upon this juvenile defendant, the trial court failed to comply with the requirements of section 39.111(7)(d) which, in referring to the statutory criteria for sentencing set forth in section 39.111(7)(c), provides: Any decision to impose adult sanctions shall be in…

31. Duke v. State 541 So. 2d 1170 · SC72912 · Florida Supreme Court 1989

    This opinion cites § 39.111 6 times, the section generally

    · cited by 12 in all courts

    …of adult sanctions, and in not analyzing in writing the decision to impose adult sanctions when "a child has been transferred for criminal prosecution." § 39.111, Fla. Stat. (1985). Reading chapter 39, Florida Statutes (1985), in pari materia, the district court found that an indictment for an offense punishable by…

32. Banks v. State 488 So. 2d 161 · 1DBE-327 · 1st DCA 1986

    This opinion cites § 39.111 6 times, the section generally

    · cited by 4 in all courts

    …for appellee. PER CURIAM. The disposition on review, imposing adult sanctions on a juvenile defendant without full compliance with the mandate of Section 39.111(6)(c) and (d), Florida Statutes (1983), must be vacated and remanded for resentencing, as required by State v. Rhoden, 448 So.2d 1013 (Fla. 1984). The trial…

33. Judge v. State 408 So. 2d 831 · 4D79-2171 · 4th DCA 1982

    This opinion cites § 39.111 6 times, the section generally

    · cited by 2 in all courts

    …to the charge and preserved the right to raise on appeal the propriety of the circuit court's failure to follow certain procedures set forth in Section 39.111, Florida Statutes (1979), [1] before imposing a sentence of imprisonment for two and a half years. In her sole point on appeal, Judge urges that the…

34. Eady v. State 388 So. 2d 9 · 2D79-1916 · 2nd DCA 1980

    This opinion cites § 39.111 6 times, the section generally

    · cited by 5 in all courts

    …attempted armed robbery, to run concurrently. Appellant contends that the trial court committed reversible error in not sentencing him pursuant to Section 39.111(6)(c)1-6, Florida Statutes (1979). He also contends that his sentence is excessive. We agree on both points. Section 39.111(6) requires that a trial court, when…

35. State v. Griffith 675 So. 2d 911 · SC85295 · Florida Supreme Court 1996

    This opinion cites § 39.111 5 times, the section generally

    · cited by 24 in all courts

    …(1983), REQUIRE THAT SUCH CHARGES BE COMMENCED AGAINST A 22-YEAR OLD DEFENDANT IN ACCORDANCE WITH THE JUVENILE STATUTES? *912 II. DO THE PROVISIONS OF § 39.111(6), FLA.STAT. (1983), APPLY TO AN ADULT DEFENDANT WHO IS CHARGED AND CONVICTED OF A CRIME COMMITTED WHILE HE WAS UNDER THE AGE OF 16, REGARDLESS OF THE…

36. Taylor v. State 593 So. 2d 1147 · 1D90-3405 · 1st DCA 1992

    This opinion cites § 39.111 5 times, the section generally

    · cited by 3 in all courts

    …39, Florida Statutes, which sets forth procedures for determining whether adult sanctions are suitable for a child defendant convicted of a crime. Section 39.111(7)(d), F.S. (1989), requires any decision imposing sanctions to be written, to conform with each of the six criteria enumerated in Section 39.111(7)(c), and to…

37. Cobb v. State 586 So. 2d 1298 · 2D89-01417 · 2nd DCA 1991

    This opinion cites § 39.111 5 times, the section generally

    · cited by 4 in all courts

    …three counts of armed robbery. He contends that his conviction under count I cannot stand and that the trial court failed to determine, pursuant to sections 39.111(7)(c) and (d), Florida Statutes (1987), his suitability for adult sanctions. We agree with both of the appellant's contentions. The testimony at trial revealed…

38. Surrency v. State 585 So. 2d 464 · 5D90-1857 · 5th DCA 1991

    This opinion cites § 39.111 5 times, the section generally

    · cited by 4 in all courts

    …appeals his sentence imposing adult sanctions. He complains that the trial court erred in failing to comply with the technical requirements of section 39.111, subsections (7)(c)4, (7)(c)6, and (7)(d), Florida Statutes. We vacate the sentence and remand for resentencing. Flowers v. State, 546 So.2d 782 (Fla.…

39. Stickles v. State 579 So. 2d 878 · 2D88-02129 · 2nd DCA 1991

    This opinion cites § 39.111 5 times, the section generally

    · cited by 7 in all courts

    …Florida law, as in this case, before adult sanctions can be imposed, the trial court must make a determination as to whether adult sanctions are suitable. § 39.111(7)(c), Fla. Stat. (1987). If after considering the six criteria required by section 39.111(7)(c), the court decides to impose adult sanctions, the decision to do so…

40. T.D.L. v. Chinault 570 So. 2d 1335 · 2D90-01069 · 2nd DCA 1990

    This opinion cites § 39.111 5 times, the section generally

    · cited by 18 in all courts

    …detention for punishment, and could not impose an adult sanction for contempt upon this juvenile without first following the procedures specified in section 39.111(7), Florida Statutes (1989). On March 21, 1990, T.D.L. found himself before the juvenile division of the circuit court for disposition of several delinquency…

41. Bradley v. State 559 So. 2d 283 · 4D89-0790 · 4th DCA 1990

    This opinion cites § 39.111 5 times, the section generally

    · cited by 6 in all courts

    …in each as well, and $400.00 restitution in the grand theft case. Ten days later, the trial judge heard a motion to reconsider sentence pursuant to section 39.111(7)(c), Florida Statutes (1987). The court upheld the original sentence and entered a written order addressing the criteria under the statute. Appellant raises two…

42. Sheffield v. State 509 So. 2d 1350 · DCABS-188 · District Court of Appeal 1987

    This opinion cites § 39.111 5 times, the section generally

    · cited by 2 in all courts

    …However, no written order was entered. Now, on appeal, appellant challenges the sentence as illegal, as having been imposed in contravention of section 39.111, Florida Statutes (1985). We agree, and reverse. Section 39.111(6) requires that the court shall determine the “[suitability or non-suitability for adult…

43. West v. State 503 So. 2d 435 · 4D4-86-1374 · 4th DCA 1987

    This opinion cites § 39.111 5 times, the section generally

    · cited by 9 in all courts

    …The second contention is that the trial court committed reversible error when it sentenced appellant as an adult, because it failed to comply with Section 39.111(6)(c) and (d), Florida Statutes (1985). It was not error to deny cross-examination of the state's principal witness concerning his previous participation in a…

44. Christy v. State 489 So. 2d 858 · 1DBD-373 · 1st DCA 1986

    This opinion cites § 39.111 5 times, the section generally

    · cited by 5 in all courts

    …after nolo pleas to burglary charges. We find that the court erred by imposing such sanctions without fully complying with the requirements of section 39.111(6), Florida Statutes. We therefore vacate appellant's sentences and remand the cause for resentencing. Section 39.111(6)(c), Florida Statutes, provides that…

45. Johnson v. State 477 So. 2d 56 · 5D85-33 · 5th DCA 1985

    This opinion cites § 39.111 5 times, the section generally

    · cited by 15 in all courts

    …theft. Johnson was then sentenced to concurrent terms of five years in prison. On appeal, Johnson contends that he was improperly sentenced under section 39.111(6)(c), Florida Statutes (1983), which allows juveniles to be sentenced as adults, and that the trial court improperly departed from the sentencing guidelines. …

46. Franklin v. State 473 So. 2d 763 · 1DAZ-192 · 1st DCA 1985

    This opinion cites § 39.111 5 times, the section generally

    · cited by 8 in all courts

    …Criminal Procedure; (2) whether the trial court fundamentally erred in imposing adult sentences upon appellant Franklin without first complying with Section 39.111(6), Florida Statutes (1983). We affirm the appeal as to Owens, and reverse as to Franklin. Owens' attorney filed a motion for psychiatric examination to…

47. Boynton v. State 473 So. 2d 703 · 4D84-40 · 4th DCA 1985

    This opinion cites § 39.111 5 times, the section generally

    · cited by 47 in all courts

    …of fact were important, and it acted by temporarily remanding the action so the trial court judge could supplement the record with written findings. Section 39.111(6)(d), Florida Statutes (1983), regarding sentencing of a juvenile as an adult, states: (d) Any decision to impose adult sanctions shall be in writing, and it…

48. Weston v. State 452 So. 2d 95 · 1DAS-470 · 1st DCA 1984

    This opinion cites § 39.111 5 times, the section generally

    · cited by 23 in all courts

    …dictates a contrary result. In Rhoden , the trial court sentenced the juvenile defendant as an adult without making the findings required by Section 39.111(6), Florida Statutes (1981), which sets forth the criteria pertaining to the suitability of adult sanctions. Section 39.111(6)(d) requires the court to render…

49. Rathbone v. State 448 So. 2d 85 · 2D83-2058 · 2nd DCA 1984

    This opinion cites § 39.111 5 times, the section generally

    · cited by 12 in all courts

    …reached his eighteenth birthday that it would be inappropriate to place him on community control under juvenile sanctions." Both parties agree that section 39.111(6), Florida Statutes (1983), is applicable to this case. It was incumbent upon the trial court to determine the "[s]uitability or nonsuitability for adult…

50. Jackson v. State 588 So. 2d 1085 · 5D90-2092 · 5th DCA 1991

    This opinion cites § 39.111 4 times, the section generally

    · cited by 6 in all courts

    …appellant as an adult by failing to make reference to the six statutory criteria for a minor's suitability for adult sanctions as required by section 39.111(7)(c), Florida Statutes (1989); and (2) The trial court erred in failing to require the state to produce corroborating evidence of a prior conviction when he…

51. Thomas v. State 589 So. 2d 392 · DCA90-3796 · District Court of Appeal 1991

    This opinion cites § 39.111 4 times, the section generally

    · cited by 3 in all courts

    …failing to consider a predisposition report prior to sentencing. The record indicates, however, that the trial court followed the procedure set out by section 39.111(7), Florida Statutes (1989), in determining that adult sanctions were appropriate for Thomas. We acknowledge that the statute requires the court to consider a…

52. Sullivan v. State 587 So. 2d 599 · DCA90-2621 · District Court of Appeal 1991

    This opinion cites § 39.111 4 times, the section generally

    · cited by 1 in all courts

    …We reverse because of the absence of findings, either oral or written, to support the imposition of adult sanctions on a juvenile as required by section 39.111(7)(d), Florida Statutes (1989), 1 and Lang v. State, 566 So.2d 1354 (Fla. 5th DCA 1990). Sullivan’s negotiated plea of nolo con-tendere was accepted by…

53. Tighe v. State 571 So. 2d 83 · 5D89-2056 · 5th DCA 1990

    This opinion cites § 39.111 4 times, the section generally

    · cited by 9 in all courts

    …hearing at which, among other things, the court must determine the suitability of the child for adult sanctions by using specific criteria listed in section 39.111(7)(c), Florida Statutes (1987). Section 39.111(7)(d) requires that any decision to impose adult sanctions must be in writing and in conformity with each of the…

54. Bruchey v. State 570 So. 2d 1123 · DCA90-236 · District Court of Appeal 1990

    This opinion cites § 39.111 4 times, the section generally

    · cited by 1 in all courts

    … Appellant seeks to reverse the imposition of adult sanctions on the ground that the trial court did not consider all of the factors enumerated in section 39.111(7)(c), Florida Statutes (1989), before imposing sentence. We affirm. Appellant pled no contest to charges of burglary and petit theft, and he was adjudicated…

55. Youngblood v. State 560 So. 2d 409 · 5D89-2164 · 5th DCA 1990

    This opinion cites § 39.111 4 times, the section generally

    · cited by 4 in all courts

    …having merit is that the trial court failed to include the requisite factual findings in its order determining the suitability of adult sanctions. Section 39.111(7), Florida Statutes (1987) governs disposition of a case in which a juvenile has been tried and convicted as an adult. Subsection (d) mandates that when adult…

56. Levesen v. State 553 So. 2d 290 · 2D87-02433 · 2nd DCA 1989

    This opinion cites § 39.111 4 times, the section generally

    · cited by 2 in all courts

    …in the judgment and sentence which impose adult sanctions upon him on the ground that the trial court failed to set forth written findings pursuant to section 39.111(7)(d), Florida Statutes (1987). We find that the trial court not only failed to file written findings, it also failed to order a predisposition report pursuant to…

57. Leyesen v. State 553 So. 2d 290 · DCA87-02433 · District Court of Appeal 1989

    This opinion cites § 39.111 4 times, the section generally

    …in the judgment and sentence which impose adult sanctions upon him on the ground that the trial court failed to set forth written findings pursuant to section 39.111(7)(d), Florida Statutes (1987). We find that the trial court not only failed to file written findings, it also failed to order a predisposition report pursuant to…

58. Simpkins v. State 547 So. 2d 1300 · DCA88-1523 · District Court of Appeal 1989

    This opinion cites § 39.111 4 times, the section generally

    …address the statutory criteria pertaining to the imposition of adult sanctions against a juvenile. We therefore reverse the order appealed. Section 39.111(7)(c), Florida Statutes, provides that the suitability or nonsuitability of imposing adult sanctions against a juvenile is to be determined by reference to six…

59. Boudreau v. State 546 So. 2d 1152 · DCA88-01809 · District Court of Appeal 1989

    This opinion cites § 39.111 4 times, the section generally

    · cited by 4 in all courts

    …by failing to provide written reasons for imposing adult sanctions against Boudreau, who was seventeen at the time these offenses were committed. See § 39.111(7)(d), Fla.Stat. (1987); Clemons v. State, 508 So.2d 430 (Fla. 2d DCA 1987). The state argues that since Boudreau was “direct-filed” as an adult 2 he was…

60. Hammonds v. State 543 So. 2d 337 · 4D88-1244 · 4th DCA 1989

    This opinion cites § 39.111 4 times, the section generally

    · cited by 8 in all courts

    …nolle prossed. At sentencing, the predisposition report from the Department of Health and Rehabilitative Services was not available, and even though section 39.111(7), Florida Statutes (1987) requires its consideration prior to sentencing, the trial court went ahead and sentenced appellant as an adult. In support of the…

61. Whittington v. State 543 So. 2d 317 · 1D88-1399 · 1st DCA 1989

    This opinion cites § 39.111 4 times, the section generally

    · cited by 4 in all courts

    …in State v. Rhoden, 448 So.2d 1013, 1016-17 (Fla. 1984), stated, in a case involving mandatory application of the sentencing provisions of section 39.111(6), that "the juvenile justice statutory scheme, as adopted by the Florida Legislature, grants to juveniles the right to be treated differently from adults.…

62. Keith v. State 542 So. 2d 440 · 5D88-935 · 5th DCA 1989

    This opinion cites § 39.111 4 times, the section generally

    · cited by 8 in all courts

    …it was error for the trial court to impose adult criminal sanctions upon him because the trial court failed to comply with the provision set forth in section 39.111(7)(d), Florida Statutes (1987). We agree and reverse. Section 39.111(7)(d), Florida Statutes (1987) authorizes the imposition of adult criminal sanctions upon a…

63. Duke v. State 529 So. 2d 341 · DCABR-344 · District Court of Appeal 1988

    This opinion cites § 39.111 4 times, the section generally

    · cited by 1 in all courts

    …aiding and abetting the commission of the sexual battery, a life felony, claiming that the trial court erred in failing to follow the requirements of section 39.111, Florida Statutes (1985). We affirm her conviction and sentence, but certify the question to the supreme court as a matter of great public importance. Mary…

64. Walker v. State 483 So. 2d 825 · DCA84-2038 · District Court of Appeal 1986

    This opinion cites § 39.111 4 times, the section generally

    · cited by 2 in all courts

    …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…

65. Leach v. State 407 So. 2d 1066 · 2D81-1095 · 2nd DCA 1981

    This opinion cites § 39.111 4 times, the section generally

    · cited by 6 in all courts

    …prosecuted and convicted as an adult. He contends on appeal that the trial court erred in sentencing him without following the procedures set out in section 39.111(6), Florida Statutes (1979). Section 39.111(6)(a) requires that a trial court, when imposing adult sanctions on a juvenile convicted of a crime, receive and…

66. Williams v. State 407 So. 2d 223 · 2D80-1934 · 2nd DCA 1981

    This opinion cites § 39.111 4 times, the section generally

    · cited by 12 in all courts

    …both concurrent with the life sentences and each other. Appellant contends that the trial court committed error in not sentencing him pursuant to section 39.111(6)(c), Florida Statutes (1979). He also contends that his sentence is excessive. We agree. Failure to comply with the safeguards of section 39.111(6) is harmful…

67. Stallins v. State 385 So. 2d 1171 · 2D80-378 · 2nd DCA 1980

    This opinion cites § 39.111 4 times, the section generally

    · cited by 4 in all courts

    …to Section 39.04(2)(e)4, Florida Statutes (1979). Stallins contends that the trial court committed reversible error in not sentencing him pursuant to Section 39.111(6)(c)1-6, Florida Statutes (1979). Section 39.111(6), Florida Statutes (1979), requires that a trial court, when imposing adult sanctions on a juvenile, make…

68. Postell v. State 383 So. 2d 1159 · 3D79-1376 · 3rd DCA 1980

    This opinion cites § 39.111 4 times, the section generally

    · cited by 29 in all courts

    …were an adult. The child shall thereafter be subject to prosecution, trial, and sentencing as if the child were an adult but subject to the provisions of s. 39.111(6). " (emphasis supplied). See Proctor v. State, 373 So.2d 450 (Fla. 2d DCA 1979), and Johnson v. State, 371 So.2d 556 (Fla. 2d DCA 1979)…

69. Peters v. State 626 So. 2d 1048 · 4D91-3353 · 4th DCA 1993

    This opinion cites § 39.111 3 times, the section generally

    · cited by 28 in all courts

    …hearing. In the previous appeal, we reversed the sentence because the trial court had failed to make factual findings on the record, as required by section 39.111(7)(d), Florida Statutes (1989). Peters v. State, 585 So.2d 511 (Fla. 4th DCA 1991). At the resentencing hearing, the trial court again sentenced him as an…

70. Evans v. State 594 So. 2d 835 · 2D91-01685 · 2nd DCA 1992

    This opinion cites § 39.111 3 times, the section generally

    · cited by 3 in all courts

    … 592 So.2d 770, 771 (Fla. 5th DCA 1992): [A] juvenile's negotiated plea of guilty does not automatically act as a waiver of the requirements of section 39.111(7). Lang v. State, 566 So.2d 1354 (Fla.5th DCA 1990). In Lang , this court held that, "A juvenile can waive his rights under section 39.111 but such a…

71. Jones v. State 587 So. 2d 1172 · 2D91-0614 · 2nd DCA 1991

    This opinion cites § 39.111 3 times, the section generally

    …v. State, 534 So.2d 1181 (Fla. 4th DCA 1988) and Dixon v. State, 451 So.2d 485 (Fla.3d DCA 1984). Rhoden states that compliance with section 39.111(7), Florida Statutes (1989) is mandatory unless there is “an intelligent and knowing waiver of that right by a juvenile.” Id. at 1017 . Thus, I conclude…

72. Allen v. State 584 So. 2d 1126 · DCA90-3260 · District Court of Appeal 1991

    This opinion cites § 39.111 3 times, the section generally

    …sentence imposing adult sanctions on the juvenile defendant because the trial court erred in failing to timely consider all six criteria mandated by section 39.111(7)(c), Florida Statutes (1987). The statute not only requires the trial court to consider all six criteria in determining the suitability or nonsuitability for…

73. Wiley v. State 582 So. 2d 169 · DCA90-869 · District Court of Appeal 1991

    This opinion cites § 39.111 3 times, the section generally

    · cited by 1 in all courts

    …time of the commission of this offense, and alleges that the trial court erroneously sentenced him as an adult without making the findings required by section 39.111(7)(c), Florida Statutes (1989). The state concedes error. The sentence herein is therefore reversed, and the case remanded for resen-tencing. On remand, the trial…

74. McDaniels v. State 583 So. 2d 349 · 4D90-1120 · 4th DCA 1991

    This opinion cites § 39.111 3 times, the section generally

    · cited by 1 in all courts

    …1975). The appellant also asserts that she was sentenced as an adult without full compliance by the court with the finding requirements *350 of section 39.111(7)(c), Florida Statutes, which provides: (7) When a child has been transferred for criminal prosecution and the child has been found to have committed a violation…

75. Ford v. State 576 So. 2d 440 · DCA90-2004 · District Court of Appeal 1991

    This opinion cites § 39.111 3 times, the section generally

    · cited by 1 in all courts

    …trial court erred in imposing adult sanctions upon Ford because it failed to make the required written findings regarding all six criteria listed in section 39.111(7)(d), Florida Statutes (1989). We reverse and remand, and instruct the trial court to resentence Ford in conformity with the provisions of section 39.111(7)(c),…

76. Wilks v. State 570 So. 2d 447 · DCA89-3319 · District Court of Appeal 1990

    This opinion cites § 39.111 3 times, the section generally

    … 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…

77. Lester v. State 563 So. 2d 178 · 5D89-1855 · 5th DCA 1990

    This opinion cites § 39.111 3 times, the section generally

    · cited by 10 in all courts

    …sentence was defective in that, while the court attempted to classify Lester as a youthful offender, it failed to make a written finding, pursuant to section 39.111(7)(c), Florida Statutes, as to Lester's suitability for adult sanctions. The oral sentence also placed Lester under the supervision of H.R.S. rather than the…

78. Allen v. State 560 So. 2d 1329 · DCA89-1239 · District Court of Appeal 1990

    This opinion cites § 39.111 3 times, the section generally

    · cited by 1 in all courts

    …years under the supervision of the Department of Corrections. The defendant appeals arguing that the trial court failed to comply with the dictates of section 39.111(7)(d), Florida Statutes, concerning suitability for adult sanctions, in making the disposition that it did. Although the defendant had not been transferred to the…

79. Leach v. State 545 So. 2d 520 · 5D88-1173 · 5th DCA 1989

    This opinion cites § 39.111 3 times, the section generally

    · cited by 3 in all courts

    …defendant was a juvenile when he committed the offenses but was sentenced as an adult to a combination of community control and probation. Pursuant to section 39.111, Florida Statutes (1987), the trial judge entered an order determining the suitability of adult sanctions. The order tracks the statutory criteria of section…

80. Reed v. State 544 So. 2d 1077 · 2D88-02254 · 2nd DCA 1989

    This opinion cites § 39.111 3 times, the section generally

    · cited by 4 in all courts

    …for adult sanctions and failed to enter a written order setting forth specific findings supporting the imposition of adult sanctions as required by section 39.111(7)(c) and (d), Florida Statutes (1988). We reverse. In Eady v. State, 388 So.2d 9 (Fla.2d DCA 1980), this court held that even where, as here, a direct…

81. Leonard v. State 522 So. 2d 543 · 4D87-1237 · 4th DCA 1988

    This opinion cites § 39.111 3 times, the section generally

    · cited by 6 in all courts

    …court improperly sentenced him in that the Order Determining to Impose Adult Sanctions made reference to only three of the six criteria set forth in section 39.111(7)(c), Florida Statutes (Supp. 1986). That statutory section provides: (c) Suitability or nonsuitability for adult sanctions shall be determined by the court…

82. Franklin v. State 515 So. 2d 400 · 1DBS-52 · 1st DCA 1987

    This opinion cites § 39.111 3 times, the section generally

    · cited by 5 in all courts

    …1985), the sentences were vacated and the case was remanded for resentencing because of the trial court's failure to comply with the requirements of Section 39.111(6), Florida Statutes, relating to the imposition of adult sentences upon juveniles. A second sentencing hearing was conducted at which the trial court imposed…

83. Robinson v. State 514 So. 2d 1144 · DCABQ-172 · District Court of Appeal 1987

    This opinion cites § 39.111 3 times, the section generally

    · cited by 2 in all courts

    …sanctions for an offense which took place when he was a juvenile, arguing that the court failed to consider each of the six statutory criteria in section 39.111(6)(c), Florida Statutes. We reverse and remand for resentencing. Robinson was charged by an information filed February 10,1986, with grand theft of more than $100…

84. Peterson v. State 511 So. 2d 1111 · DCABR-341 · District Court of Appeal 1987

    This opinion cites § 39.111 3 times, the section generally

    · cited by 1 in all courts

    NIMMONS, Judge. In sentencing appellant as an adult, the trial court failed to comply with the requirements of Section 39.111(7)(c) and (d), Florida Statutes (1986 Supp.), which mandates that, when sentencing a juvenile as an adult, the trial court must explain in writing why adult…

85. Posey v. State 501 So. 2d 192 · 5D86-1175 · 5th DCA 1987

    This opinion cites § 39.111 3 times, the section generally

    · cited by 19 in all courts

    …years' imprisonment. On appeal the sentence was quashed and the cause remanded, with this court finding that the trial court failed to follow section 39.111(6)(d), Florida Statutes (1983), which requires that the decision to impose adult sanctions be in writing. This court also noted that if the guidelines were departed…

86. Santiago v. State 497 So. 2d 975 · 4D4-86-0157 · 4th DCA 1986

    This opinion cites § 39.111 3 times, the section generally

    · cited by 13 in all courts

    …point that needs to be treated is Santiago's contention that the trial court erred in failing to consider in writing each of the criteria set forth in section 39.111(6)(c), Florida Statutes. We agree. Accordingly, the conviction for robbery is affirmed; the conviction for grand theft is reversed; and the cause is remanded to…

87. Watson v. State 496 So. 2d 992 · DCA85-875 · District Court of Appeal 1986

    This opinion cites § 39.111 3 times, the section generally

    …time for supervision in juvenile court. The court then imposed adult sanctions without any written findings to support its determination. Section 39.111(6)(d), Florida Statutes (1985), provides as follows: Any decision to impose adult sanctions shall be in writing, and it shall be in conformity with each of the…

88. State v. Gibron 478 So. 2d 475 · 2D84-2806 · 2nd DCA 1985

    This opinion cites § 39.111 3 times, the section generally

    · cited by 9 in all courts

    …in a community control program, stating that he was sentencing defendant as an "adult." The trial court failed to enter a written order as required by section 39.111 reciting the reasons for the decision to impose adult sanctions. See State v. Rhoden, 448 So.2d 1013 (Fla. 1984). Upon agreement of the parties, this…

89. Franklin v. State 476 So. 2d 1346 · 1DAZ-193 · 1st DCA 1985

    This opinion cites § 39.111 3 times, the section generally

    · cited by 8 in all courts

    …of his motions for judgment of acquittal and to suppress. He also contends that the trial court erred in imposing adult sentences without considering Section 39.111(6), Florida Statutes (1983). We affirm in part and reverse in part. On 30 June 1983, Owens and Franklin entered a convenience store where one held a knife on…

90. Jolly v. State 454 So. 2d 45 · DCAAV-329 · District Court of Appeal 1984

    This opinion cites § 39.111 3 times, the section generally

    · cited by 2 in all courts

    …at the time of the commission of a criminal offense, asserts error in the trial judge’s failure to follow the juvenile sentencing provisions of section 39.111(6), Florida Statutes (1981). Although appellant voiced no objection to that failure in the trial court, we are compelled to reverse and remand for resentenc-ing…

91. E.C. v. State 445 So. 2d 661 · 2DAS-224 · 2nd DCA 1984

    This opinion cites § 39.111 3 times, the section generally

    · cited by 1 in all courts

    …them as adults without securing a predisposition report and without making written findings of suitability for adult sanctions as required by section 39.111(6), Florida Statutes (1981). We agree and reverse. Both appellants were charged by information filed October 29, 1982, with the grand theft of a 1982 Ford…

92. Crosby v. State 429 So. 2d 421 · 1DAM-483 · 1st DCA 1983

    This opinion cites § 39.111 3 times, the section generally

    · cited by 6 in all courts

    …case the trial court was required by statute to consider the arrests of appellant in determining his suitability for adult sanctions. [1] *423 Section 39.111(6), Florida Statutes (1981) provides, inter alia, that when a child has been found to have committed a violation of Florida law the court shall receive and…

93. Trenary v. State 423 So. 2d 458 · 2D81-2138 · 2nd DCA 1982

    This opinion cites § 39.111 3 times, the section generally

    · cited by 4 in all courts

    …therefore affirm the decision of the trial judge to refuse to sentence pursuant to the Youthful Offender Act. Consideration must, however, be given to section 39.111(6)(a), Florida Statutes (1979), as Trenary was a juvenile at the time of the offense. This provision requires that a trial court, when imposing adult sanctions on a…

94. Sawyer v. State 421 So. 2d 4 · 3D81-1058 · 3rd DCA 1982

    This opinion cites § 39.111 3 times, the section generally

    · cited by 4 in all courts

    …and battery. He asserts five points of error, only one of which, the trial court's failure to comply with the juvenile sentencing procedures of Section 39.111(6), Florida Statutes (1979), has merit. Section 39.111(6), Florida Statutes (1979) prescribes the mandatory sentencing procedures to be followed by the trial…

95. Jones v. State 418 So. 2d 1256 · DCA81-2145 · District Court of Appeal 1982

    This opinion cites § 39.111 3 times, the section generally

    · cited by 3 in all courts

    …the sentencing hearing appellant was sentenced to fifteen years imprisonment. The trial court did not consider the mandatory sentencing provisions of Section 39.111(6), Florida Statutes (1979), in arriving at this disposition. However, no objection was raised by the defense at the time. Appellant raises the issue for the…

96. Dealto v. State 392 So. 2d 61 · DCA80-232 · District Court of Appeal 1981

    This opinion cites § 39.111 3 times, the section generally

    · cited by 2 in all courts

    …620 (Fla. 1st DCA 1979). Finally, appellant contends that the trial judge did not sentence him in accordance with the mandatory requirements of section 39.111, Florida Statutes. However, there is no certification from the clerk of the circuit court that the record on appeal contains all matters relating to the…

97. Carter v. State 382 So. 2d 871 · 5D00-352/T1-131 · 5th DCA 1980

    This opinion cites § 39.111 3 times, the section generally

    · cited by 6 in all courts

    …division for adjudicatory hearing as a child. The record indicates that after a jury trial as an adult, the court then held a hearing to comply with Section 39.111, Florida Statutes (1979), to determine whether the defendant would be sentenced as a child or as an adult. The defense attorney at that point stated: We…

98. Proctor v. State 373 So. 2d 450 · 2D79-405 · 2nd DCA 1979

    This opinion cites § 39.111 3 times, the section generally

    · cited by 13 in all courts

    …concurrent four-year terms in prison. Appellant contends that the trial court erred in sentencing him without following the procedures set out in Section 39.111(6), Florida Statutes (Supp. 1978). We agree. The court failed to make any reference to the six criteria contained in Section 39.111 which deal with the…

99. State v. Berry 647 So. 2d 830 · SC83786 · Florida Supreme Court 1994

    This opinion cites § 39.111 2 times, the section generally

    · cited by 7 in all courts

    …child pursuant to s. 39.069. [2] Notably, in both Rhoden and Sirmons , this Court was actually addressing the requirements contained in section 39.111, Florida Statutes (1989). That statute was repealed in 1990 and section 39.059 was enacted in its place. Both sections, however, list the criteria that a…

100. Thomas v. State 623 So. 2d 1238 · DCA91-00949 · District Court of Appeal 1993

     This opinion cites § 39.111 2 times, the section generally

     · cited by 1 in all courts

     …as an adult, contends the court erred at sentencing because it failed to determine the suitability of imposing adult sanctions as required by section 39.111(7)(e), Florida Statutes (1989). We agree and remand for resentencing. Recently, the Florida Supreme Court and this court held that it is reversible error for a…

101. Powell v. State 606 So. 2d 486 · DCA91-2240 · District Court of Appeal 1992

     This opinion cites § 39.111 2 times, the section generally

     · cited by 4 in all courts

     …after consideration of the evidence. Sentence VACATED; REMANDED. W. SHARP and DIAMANTIS, JJ., concur. . This statute is the successor to section 39.111, but any differences are insignificant for purposes of making a decision in the instant case. Powell was originally placed in a community control program…

102. Gaskins v. State 607 So. 2d 475 · 1D91-106 · 1st DCA 1992

     This opinion cites § 39.111 2 times, the section generally

     …on a juvenile as an adult was illegal in that the trial court failed to explain in writing why adult sanctions were appropriate, as required by Section 39.111(6), Florida Statutes (1981), and decided that the trial court's noncompliance with section 39.111(6) constituted fundamental error, which did not require a…

103. Croskey v. State 601 So. 2d 1326 · 2D91-02523 · 2nd DCA 1992

     This opinion cites § 39.111 2 times, the section generally

     · cited by 10 in all courts

     …negotiated plea, does not necessarily waive the requirement that the trial court consider the enumerated criteria and make the required findings under section 39.111(6) (now § 39.059(7)). The Lang court found that the absence of a record containing the required findings and reasons for imposing an adult sentence is…

104. Mancini v. State 593 So. 2d 1122 · DCA91-1119 · District Court of Appeal 1992

     This opinion cites § 39.111 2 times, the section generally

     · cited by 2 in all courts

     …consider mandatory statutory sentencing criteria requires reversal of an enhanced sentence. First, failure to address all of the statutory criteria of section 39.111(7)(c), Florida Statutes (1987), when sentencing a juvenile as an adult is reversible error. See Thompkin v. State, 573 So.2d 451 (Fla. 4th DCA 1991). In …

105. Hodgson v. State 590 So. 2d 33 · DCA90-3214 · District Court of Appeal 1991

     This opinion cites § 39.111 2 times, the section generally

     · cited by 1 in all courts

     …and in his order that he had read the report, this court has specifically held that “mere reference to the [PSI and HRS] reports does not satisfy section 39.111(7)(c) and (d),” but that there must be a written indication in the sentencing order or the transcript that the trial court specifically considered each of the…

106. McCray v. State 588 So. 2d 298 · DCA90-02625 · District Court of Appeal 1991

     This opinion cites § 39.111 2 times, the section generally

     · cited by 1 in all courts

     …if she was, whether she understood the consequences of that waiver. Thus, the appellant did not knowingly and intelligently waive her rights under section 39.111(6)(d). Accordingly, we vacate the appellant’s sentence and remand for resentencing pursuant to the procedures set forth in section 39.111(6). THREADGILL and…

107. Thompkin v. State 573 So. 2d 451 · DCA90-0489 · District Court of Appeal 1991

     This opinion cites § 39.111 2 times, the section generally

     · cited by 2 in all courts

     PER CURIAM. We affirm appellant’s conviction but reverse his sentence and remand for resen-tencing. The trial court’s order pursuant to section 39.111(7), Florida Statutes (1989) was deficient in addressing all of the statutory criteria. In particular, with respect to criterion 4, addressing the juvenile’s…

108. Hampton v. State 571 So. 2d 601 · 1D89-3325 · 1st DCA 1991

     This opinion cites § 39.111 2 times, the section generally

     …find merit as to appellant’s second contention and, therefore, we reverse and remand. 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…

109. Hope v. State 562 So. 2d 863 · DCA89-2342 · District Court of Appeal 1990

     This opinion cites § 39.111 2 times, the section generally

     · cited by 1 in all courts

     …by which he was sentenced as a youthful offender after conviction in an adult court. The record reflects that the trial court did not comply with section 39.111(7)(d), Florida Statutes, which requires a written record of the trial court’s decision to impose adult sanctions against a juvenile. We cannot determine from the…

110. Ervin v. State 561 So. 2d 423 · 3D89-629 · 3rd DCA 1990

     This opinion cites § 39.111 2 times, the section generally

     · cited by 4 in all courts

     …possession of a short-barreled shotgun. The trial court erred in the sentencing because it failed to make specific factual findings citing to the record, § 39.111(7)(c) and (d), Fla. Stat. (1987), which would support the conclusion that sentencing as an adult was appropriate. Instead, the order simply tracks the language of…

111. Johnson v. State 556 So. 2d 508 · DCA89-1238 · District Court of Appeal 1990

     This opinion cites § 39.111 2 times, the section generally

     …were concurrent or consecutive. Furthermore, adult sanctions having been imposed upon appellant, the trial court was obligated to comply with section 39.111(7), Florida Statutes (1987), and make written findings pursuant to the criteria set forth therein. *509 Accordingly, the judgment of conviction is affirmed,…

112. Henschke v. State 556 So. 2d 409 · DCA89-88 · District Court of Appeal 1989

     This opinion cites § 39.111 2 times, the section generally

     PER CURIAM. Appellant asserts error in the trial court’s imposition of adult sanctions without complying with the requirements of Section 39.111(7)(d), Florida Statutes. The state candidly concedes error 1 but says that it is not necessary to return the defendant to the trial court for resentencing. We…

113. Banks v. State 548 So. 2d 723 · 1D88-2018 · 1st DCA 1989

     This opinion cites § 39.111 2 times, the section generally

     · cited by 4 in all courts

     …for departure. This court reversed and remanded for resentencing, finding that the trial court had failed to comply with the provisions set out in section 39.111(6)(c), Florida Statutes, for determining the suitability of imposing adult sanctions on juvenile offenders. Banks v. State, 488 So.2d 161 (Fla. 1st DCA 1986)…

114. Murphy v. State 546 So. 2d 1157 · DCA88-1594 · District Court of Appeal 1989

     This opinion cites § 39.111 2 times, the section generally

     · cited by 2 in all courts

     DAUKSCH, Judge. This is an appeal from a sentence of a juvenile who was given adult sanctions. It is error to sentence a juvenile as an adult if section 39.111, Florida Statutes (1987) is not complied with. *1158 Here, as in Keith v. State, 542 So.2d 440 (Fla. 5th DCA 1989), the trial judge merely checked a…

115. Gotay v. State 549 So. 2d 1034 · DCA88-0574 · District Court of Appeal 1989

     This opinion cites § 39.111 2 times, the section generally

     …appellant’s juvenile record and severe and continuing emotional trauma of the victims. The state concedes that the trial court did not comply with section 39.111(7), Florida Statutes (Supp.1986) when it sentenced appellant as an adult. Accordingly, we reverse the sentence imposed and remand this cause to the trial court…

116. Pelter v. State 540 So. 2d 229 · DCA88-756 · District Court of Appeal 1989

     This opinion cites § 39.111 2 times, the section generally

     DAUKSCH, Judge. This is an appeal from a sentence. The sentencing judge imposed adult sanctions on a child without complying with section 39.111(7)(d), Florida Statutes (1987) which requires specific written findings of suitability pursuant to the criteria set out in section 39.111(7)(c), Florida Statutes…

117. Brown v. State 524 So. 2d 730 · 4D87-0366 · 4th DCA 1988

     This opinion cites § 39.111 2 times, the section generally

     · cited by 14 in all courts

     …be without merit, his third point on appeal that the trial court erred in not making specific factual findings as to each of the criteria set forth in section 39.111(7)(c), Florida Statutes (Supp. 1986), before determining appellant to be suitable *732 for the imposition of adult sanctions — while moot because of our decision…

118. Pettit v. State 522 So. 2d 494 · DCA87-89 · District Court of Appeal 1988

     This opinion cites § 39.111 2 times, the section generally

     …assault and petit theft. As to appellant's first point on appeal, the state concedes the trial court did not comply with the requirements of section 39.111(6)(d), Florida Statutes (1985), by setting forth a written statement of reasons for imposing adult sanctions. Appellant's sentences are therefore vacated and the…

119. Green v. State 506 So. 2d 41 · 2D85-2526 · 2nd DCA 1987

     This opinion cites § 39.111 2 times, the section generally

     · cited by 4 in all courts

     …he was belatedly sentenced for the 1983 crime does not obviate the requirement that there be findings consistent with the suitability of the adult sanction. § 39.111(7)(c), Fla. Stat. (Supp. 1986). The record does not contain the essential findings. State v. Rhoden, 448 So.2d 1013 (Fla. 1984). Thus, the sentence is…

120. Pickerill v. State 493 So. 2d 1096 · DCA85-2389TO85-2393 · District Court of Appeal 1986

     This opinion cites § 39.111 2 times, the section generally

     · cited by 1 in all courts

     …of sentencing him to both adult and juvenile sanctions. If adult sanctions are imposed, the trial court is directed to follow the dictates of section 39.111(6)(c) and (d) and consider the required criteria and make the required findings in writing. Furthermore, appellant shall be afforded an. opportunity to be present…

121. Jones v. State 474 So. 2d 1267 · DCABA-319 · District Court of Appeal 1985

     This opinion cites § 39.111 2 times, the section generally

     · cited by 1 in all courts

     …by Section 39.-lll(6)(c), Florida Statutes (1983), and failed also, as required by the statute, to state its reasons for so disposing in writing. Section 39.111(6)(d). Although the trial court orally addressed some of the criteria enumerated in subsection (6)(c) 1-6, both the statute and State v. Rhoden, 448 So.2d…

122. Morris v. State 456 So. 2d 925 · DCA82-1563 · District Court of Appeal 1984

     This opinion cites § 39.111 2 times, the section generally

     …had amended Section 39.02(5)(d) by deleting the word “indictment” therefrom as a means of transfer and so the court was not required to follow Section 39.111(6) because her being prosecuted under an indictment meant she was not a “transferred child” within the meaning of Section 39.111(6). It must be remembered that…

123. Brown v. State 457 So. 2d 1079 · DCA83-742 · District Court of Appeal 1984

     This opinion cites § 39.111 2 times, the section generally

     · cited by 3 in all courts

     …(1983). 1 No contemporaneous objection was made by defense counsel. In Rhoden , the trial court failed to comply with the provisions of section 39.111(6), Florida Statutes (1981), in sentencing a juvenile defendant as an adult. The Florida Supreme Court held that a contemporaneous objection was not necessary.…

124. Cofield v. State 453 So. 2d 409 · 1DAT-157 · 1st DCA 1984

     This opinion cites § 39.111 2 times, the section generally

     · cited by 12 in all courts

     …statute. For example, the trial judge in Rhoden failed to set out, in writing, his reasons for sentencing a juvenile as an adult as required by Section 39.111, Florida Statutes (1981). Here, however, the trial court fully complied with the requisites of section 947.15 by stating, with particularity, his…

125. Harrell v. State 425 So. 2d 216 · DCA82-1278 · District Court of Appeal 1983

     This opinion cites § 39.111 2 times, the section generally

     …and retained jurisdiction over one-third of the sentences. He contends that when the trial court sentenced him as an adult it failed to comply with Section 39.111, Florida Statutes (1981). We agree and remand this cause for resentencing in accord with the provisions of Section 39.111(6)(d). REMANDED FOR RESENTENCING.…

126. Monarca v. State 412 So. 2d 443 · 5D81-227 · 5th DCA 1982

     This opinion cites § 39.111 2 times, the section generally

     · cited by 22 in all courts

     …counts are barred by double jeopardy; and (3) the trial court erred in sentencing appellant as an adult without following the procedures set out in section 39.111(6), Florida Statutes (1979). We affirm. At trial, the State presented the testimony of the prosecutrix, who testified to the following events. On the Sunday…

127. Burley v. State 402 So. 2d 73 · 5D80-1009 · 5th DCA 1981

     This opinion cites § 39.111 2 times, the section generally

     · cited by 6 in all courts

     …in the trial court's denial of his requested jury instruction and in the imposition of adult sanctions without reference to the criteria provided in section 39.111(6), Florida Statutes (1979). We disagree and affirm the judgment and sentence. The trial court denied Burley's request for a jury instruction which provided: …

128. Gainer v. State 401 So. 2d 924 · DCA80-1036 · District Court of Appeal 1981

     This opinion cites § 39.111 2 times, the section generally

     · cited by 1 in all courts

     …Appellant also contends that the trial court further erred in sentencing him as an adult without the benefit of the predisposition report required by section 39.111(6)(a). 2 We agree that the trial court erred in both respects. Section 39.09(2)(c), requiring that specific findings of fact be set forth in the certification…

129. Rubasky v. State 401 So. 2d 894 · 5D80-1291 · 5th DCA 1981

     This opinion cites § 39.111 2 times, the section generally

     · cited by 10 in all courts

     … (Fla. 5th DCA 1981). Appellant also argues that his sentence is an adult sanction imposed without *895 consideration of the criteria included in section 39.111(6)(c), Florida Statutes (1979). However, appellant did not raise this objection before the trial court and therefore we will not consider the merits of this…

130. G.D.W. v. State 395 So. 2d 638 · 2D80-383AND80-1131 · 2nd DCA 1981

     This opinion cites § 39.111 2 times, the section generally

     …sentenced appellant as an adult; however, he failed to execute written findings addressing the criteria for imposing adult sanctions enumerated in section 39.111(6)(c), Florida Statutes (1979). Appellant appealed the sentence alleging that the omission constituted reversible error. Appellant's motion to consolidate the…

131. Jenkins v. State 386 So. 2d 1302 · DCA79-542 · District Court of Appeal 1980

     This opinion cites § 39.111 2 times, the section generally

     PER CURIAM. Appellant claims that the trial court erred in failing to sentence him in accord with the provisions of Section 39.111(6), Florida Statutes (1979). We agree. The state proceeded against appellant, a juvenile, by direct information filed pursuant to the provisions of Section…

132. Murray v. State 382 So. 2d 765 · DCA79-1839 · District Court of Appeal 1980

     This opinion cites § 39.111 2 times, the section generally

     · cited by 6 in all courts

     PER CURIAM. Section 39.111(6)(d), Florida Statutes (1979), requires that a trial court, when imposing adult sanctions on a juvenile convicted of a crime, make findings of fact and set forth…

133. State v. Cain 381 So. 2d 1361 · SC56528 · Florida Supreme Court 1980

     This opinion cites § 39.111 2 times, the section generally

     · cited by 99 in all courts

     …determine whether juvenile or adult sanctions are appropriate. § 39.02(6), Fla. Stat. (Supp. 1978). The court must follow the procedure provided in subsection 39.111(6), Florida Statutes (Supp. 1978), and must consider the criteria enumerated in subsection 39.111(6)(c) 1-6 which in substantial part mirror the criteria the…

134. Johnson v. State 379 So. 2d 704 · 3D79-82 · 3rd DCA 1980

     This opinion cites § 39.111 2 times, the section generally

     · cited by 5 in all courts

     …of murder in the second degree. The second point urges error because of the trial court's failure to sentence the appellant under the provisions of Section 39.111, Florida Statutes (Supp. 1978), where the sentencing took place after the effective date of that statutory section. The following chronology will be helpful…

135. Johnson v. State 2D17-3122 · 2nd DCA 2018

     This opinion cites § 39.111 1 time, the section generally

     …Rule of Criminal Procedure 3.800(a). We must reverse. In 1979, Johnson, a juvenile at the time of his crime, was sentenced under section 39.111(6), Florida Statutes (1978), which required the sentencing court to make a "suitability determination" regarding the imposition of adult sanctions but which did…

136. Johnson v. State 247 So. 3d 591 · 2D17-3122-2 · 2nd DCA 2018

     This opinion cites § 39.111 1 time, the section generally

     …filed under Florida Rule of Criminal Procedure 3.800(a). We must reverse. In 1979, Johnson, a juvenile at the time of his crime, was sentenced under section 39.111(6), Florida Statutes (1978), which required the sentencing court to make a "suitability determination" regarding the imposition of adult sanctions but which did…

137. J.M. v. State 783 So. 2d 1204 · 1D00-2709 · 1st DCA 2001

     This opinion cites § 39.111 1 time, the section generally

     …impose any of the civil disabilities ordinarily resulting from a conviction. (Emphasis added.) Section 959.115 was rewritten in 1978, and moved to section 39.111, retaining the above provision. Ch. 78-414, § 16, at 1347, Laws of Fla. On October 1, 1997, the legislature restructured chapter 39 and moved the provisions…

138. J.M. v. State 783 So. 2d 1204 · 1D00-2709-2 · 1st DCA 2001

     This opinion cites § 39.111 1 time, the section generally

     · cited by 5 in all courts

     …impose any of the civil disabilities ordinarily resulting from a conviction. (Emphasis added.) Section 959.115 was rewritten in 1978, and moved to section 39.111, retaining the above provision. Ch. 78-414, § 16, at 1347, Laws of Fla. On October 1, 1997, the legislature restructured chapter 39 and moved the provisions…

139. Griffith v. State 763 So. 2d 366 · 4D97-0538 · 4th DCA 1998

     This opinion cites § 39.111 1 time, the section generally

     …court to consider Chapter 39 criteria prior to imposing adult sanctions. The case was remanded to the trial court for resentencing under Florida Statute § 39.111(6) (1983). Although appellant has raised several sentencing issues on this appeal, we conclude that only one warrants a reversal and remand for resentencing. …

140. Davis v. State 677 So. 2d 1366 · 4D95-0231 · 4th DCA 1996

     This opinion cites § 39.111 1 time, the section generally

     · cited by 12 in all courts

     …except that I would reverse the *1369 assessment of prosecution costs on grounds other than lack of notice. NOTES [1] Cooper involves section 39.111, Florida Statutes (1983), the predecessor to section 39.059.

141. Arroyo v. State 673 So. 2d 919 · DCA96-00323 · District Court of Appeal 1996

     This opinion cites § 39.111 1 time, the section generally

     · cited by 3 in all courts

     …Before a juvenile’s plea agreement may be accepted by the court, “the court must inform the juvenile of the rights provided by the Legislature under section 39.111 and insure that the juvenile voluntarily, knowingly, and intelligently waives those rights.” Sirmons v. State, 620 So.2d 1249, 1252 (Fla.1993). The…

142. Davis v. State 661 So. 2d 1261 · DCA95-2142 · District Court of Appeal 1995

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …first claim of error is that his sentence was illegal because he was sentenced as an adult without an order containing findings required by section 39.111(7)(d), Florida Statutes (1993). Secondly, he claims that his sentences were a departure from the guidelines without written reasons. Finally, he claims that costs…

143. Harris v. State 660 So. 2d 409 · 4D94-1985 · 4th DCA 1995

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …murder. Previously, we reversed and remanded this case on a separate issue involving the waiver of the right to be sentenced as a juvenile under section 39.111, Florida Statutes (1989). Harris v. State, 633 So.2d 562 (Fla. 4th DCA 1994). Upon remand, the record reveals that the trial court resentenced Defendant…

144. Norris v. State 659 So. 2d 1352 · 5D94-2931 · 5th DCA 1995

     This opinion cites § 39.111 1 time, the section generally

     · cited by 9 in all courts

     … ... before the plea agreement may be accepted by the court, the court must inform the juvenile of the rights provided by the Legislature under section 39.111 [now section 39.059(7)] and insure that the juvenile voluntarily, knowingly, and intelligently waives those rights. Under Florida Rule of Criminal Procedure…

145. Figueroa v. State 657 So. 2d 1225 · DCA94-00344 · District Court of Appeal 1995

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …and one of those rights is to have the trial court determine the suitability of imposing adult sanctions by considering the criteria enumerated in section 39.111(7) (now section 39.059(7)). Sirmons v. State, 620 So.2d 1249 (Fla.1993). A juvenile may negotiate a plea waiving that right but before the plea agreement…

146. Ritchie v. State 651 So. 2d 167 · 1D94-1866 · 1st DCA 1995

     This opinion cites § 39.111 1 time, the section generally

     · cited by 4 in all courts

     …death or life imprisonment shall be sentenced as adults. They shall not be sentenced as youthful offenders and are not subject to the provisions of section 39.111 [now 39.059(7)(c)]." (Emphasis in original.) Although we elect to follow Tomlinson and affirm Ritchie's sentence, we have some doubt as to whether …

147. Brown v. State 633 So. 2d 1175 · DCA93-1527 · District Court of Appeal 1994

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …alleging that the trial court failed to enter written findings of fact before imposing adult sanctions against appellant, who was a minor, pursuant to section 39.111(6), Florida Statutes (1983). The trial court denied relief and the appellant timely filed a notice of appeal. It is well settled that “[h]abeas corpus is not…

148. Harris v. State 633 So. 2d 562 · 4D93-1241 · 4th DCA 1994

     This opinion cites § 39.111 1 time, the section generally

     · cited by 3 in all courts

     …at the time of the offenses. At sentencing, his defense attorney purported to waive the defendant's right to be sentenced as a juvenile under section 39.111, Florida Statutes (1989). On the authority of Sirmons v. State, 620 So.2d 1249 (Fla. 1993), we hold this waiver ineffective; only the defendant himself…

149. Gaskins v. State 607 So. 2d 475 · DCA91-106 · District Court of Appeal 1992

     This opinion cites § 39.111 1 time, the section generally

     …on a juvenile as an adult was illegal in that the trial court failed to explain in writing why adult sanctions were appropri-" ate, as required by Section 39.111(6), Florida Statutes (1981), and decided that the. trial court’s noncompliance with section 39.-111(6) constituted fundamental error, which did not require a…

150. Petithomme v. State 610 So. 2d 450 · 3D91-2797 · 3rd DCA 1992

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …the trial court erred in imposing an adult sentence upon a defendant who was a juvenile without making the mandatory factual findings required by section 39.111(7), Florida Statutes (1989). See Silver v. State, 573 So.2d 1092 (Fla. 3d DCA 1991). The trial court's failure to provide factual findings in support of…

151. L.M. v. State 592 So. 2d 1210 · 2D91-00759 · 2nd DCA 1992

     This opinion cites § 39.111 1 time, the section generally

     …cites the incorrect statute in support of her position, application of the correct statute leads to the same result. The prior applicable statute, section 39.111(7), Florida Statutes (1989), was repealed, effective October 1, 1990, by section 17, chapter 90-208. Under that section, the court could not sentence a…

152. Holmes v. State 590 So. 2d 1008 · DCA91-02398 · District Court of Appeal 1991

     This opinion cites § 39.111 1 time, the section generally

     …of Holmes’ status as a juvenile at the sentencing proceedings, and that the trial court erred in sentencing him without fulfilling the requirements of section 39.111(7), Florida Statutes (1989). The trial court denied the motion without a hearing, but did not attach documentation showing that defendant was not entitled to…

153. Kohler v. State 588 So. 2d 689 · 4D91-1491 · 4th DCA 1991

     This opinion cites § 39.111 1 time, the section generally

     · cited by 3 in all courts

     …however, that in sentencing a juvenile as an adult, the trial court must make findings *690 with respect to each of the six criteria set forth in section 39.111(7)(c), Florida Statutes (1989) (now 39.059(7)(c)). Flowers v. State, 546 So.2d 782, 783 (Fla. 4th DCA 1989); Gooden v. State, 536 So.2d 392, 393 (Fla.…

154. Peaker v. State 585 So. 2d 1197 · DCA90-03069 · District Court of Appeal 1991

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …murder. However, we agree with his second contention that the trial court in sentencing him as an adult failed to make all the findings required by section 39.111(7)(c)1-6, Florida Statutes (1989). Resentencing is required. Stickles v. State, 579 So.2d 878 (Fla. 2d DCA 1991). Affirmed in part, reversed in part, and…

155. Louis v. State 584 So. 2d 180 · 4D90-1868 · 4th DCA 1991

     This opinion cites § 39.111 1 time, the section generally

     · cited by 6 in all courts

     …prosecutor's closing argument comments. Finally, should appellant be convicted upon retrial, we remind the sentencing court that full compliance with section 39.111(7), Florida Statutes (1989), in sentencing this juvenile as an adult is required. Reversed and remanded for a new trial. GLICKSTEIN, C.J., and HERSEY, J.,…

156. Edwards v. State 581 So. 2d 239 · DCA90-2125 · District Court of Appeal 1991

     This opinion cites § 39.111 1 time, the section generally

     …appellant as an adult when he was under eighteen years of age at the time the crime was committed, especially because the judge did not comply with section 39.111, Florida Statutes (1989). Leach v. State, 545 So.2d 520 (Fla. 5th DCA 1989); Smith v. State, 543 So.2d 419 (Fla. 5th DCA 1989); Keith v. State, …

157. Weigel v. State 581 So. 2d 633 · DCA89-01253 · District Court of Appeal 1991

     This opinion cites § 39.111 1 time, the section generally

     …is that the trial court erred when it sentenced the seventeen-year old defendant as an adult and deliberately ignored the statutory mandate of section 39.111(7)(d), Florida Statutes (1987): Any decision to impose adult sanctions shall be in writing, and it shall be in conformity with each of the above criteria. The…

158. Silver v. State 573 So. 2d 1092 · DCA89-2098 · District Court of Appeal 1991

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …who was a juvenile at the time of the offense, without making the mandatory factual findings as to the suitability of adult sanctions as required by section 39.111(7), Florida Statutes (1987). See State v. Rhoden, 448 So.2d 1013 (Fla. 1984); Green v. State, 506 So.2d 41 (Fla. 2d DCA 1987). Reversed and…

159. In re S.H. 573 So. 2d 1077 · DCA90-0596 · District Court of Appeal 1991

     This opinion cites § 39.111 1 time, the section generally

     …did not state the length of the imposed community control. Since sentencing the trial court has revoked appellant’s community control. We note that section 39.111(4)(a), Florida Statutes (1989), provides that a child can be *1078 placed in a community control program for an indeterminate period of time. DISMISSED. LETTS,…

160. Taylor v. State 573 So. 2d 173 · 5D90-233 · 5th DCA 1991

     This opinion cites § 39.111 1 time, the section generally

     · cited by 12 in all courts

     …granted to juveniles by the legislature. Rhoden, 448 So.2d at 1016-1017 . We remand to the trial court for compliance with the requirements of section 39.111(7)(d), Florida Statutes (1987). JUDGMENT AFFIRMED; SENTENCED QUASHED and REMANDED for proceedings consistent with this opinion. COBB, HARRIS and GRIFFIN, JJ.,…

161. Thomas v. State 573 So. 2d 393 · DCA90-0040 · District Court of Appeal 1991

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …125 (Fla. 1st DCA 1977). We reverse appellant's sentence because the trial court failed to make written findings regarding all six criteria of section 39.111(7)(d), Florida Statutes (1987), prior to imposing adult sanctions against Thomas. Hammonds v. State, 543 So.2d 337 *395 (Fla. 4th DCA 1989); Martin v. State…

162. Moore v. State 569 So. 2d 1390 · DCA89-2432 · District Court of Appeal 1990

     This opinion cites § 39.111 1 time, the section generally

     …imposition of adult sanctions and his sentence to the Department of Corrections. Because the trial judge failed to follow the procedure set forth in section 39.111, Florida Statutes (1987), we reverse and remand for resentencing. Keith v. State, 542 So.2d 440 (Fla. 5th DCA 1989). REVERSED and REMANDED for…

163. Hicks v. State 568 So. 2d 1355 · DCA90-268 · District Court of Appeal 1990

     This opinion cites § 39.111 1 time, the section generally

     …Judge. Because the trial court’s “checklist” order finding that adult sanctions should be imposed did not comply with the statutory requirements of section 39.111(7)(d), Florida Statutes (1989), we reverse the sentence and remand for resentencing in accordance with that statute. Leach v. State, 545 So.2d 520 (Fla. 5th…

164. Holmes v. State 558 So. 2d 535 · DCA89-1302 · District Court of Appeal 1990

     This opinion cites § 39.111 1 time, the section generally

     …numbers 88-16394 and 88-25366A, they be and the same are hereby vacated and the matter returned to the trial court so that compliance may be had with Section 39.111(6)(c), Florida Statutes (1988). See Walker v. State, 483 So.2d 825 (Fla. 3d DCA 1986); State v. Rhoden, 448 So.2d 1013 (Fla.1984).

165. Mackey v. State 554 So. 2d 1234 · DCA89-0185 · District Court of Appeal 1990

     This opinion cites § 39.111 1 time, the section generally

     …judgments of guilt are affirmed; but the sentences imposed are vacated and set aside. The cause is remanded for further proceedings in compliance with Section 39.111 and the subsequent imposition of appropriate sentences in accordance therewith. Affirmed in part; reversed in part. DOWNEY and WALDEN, JJ., and McNULTY,…

166. In re A.B. 553 So. 2d 1349 · DCA89-2719TO89-2724 · District Court of Appeal 1989

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …petitions for writ of mandamus, the petitioner juvenile has been charged either with violating the terms of his community control imposed under section 39.111, Florida Statutes, or with other separate crimes subsequently committed. All petitioners were committed to the custody of the Department of Health and…

167. Hernandez v. State 547 So. 2d 195 · DCA88-1332 · District Court of Appeal 1989

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …in the others. The trial court, in our view, did not adequately address each of the statutory criteria for imposing adult sanctions, as required by section 39.111(7)(c), Florida Statutes (1987). See Leonard v. State, 522 So.2d 543 (Fla. 4th DCA 1988) and cases cited therein. Furthermore, as the state concedes, the trial…

168. Williams v. State 541 So. 2d 1361 · DCA88-02156 · District Court of Appeal 1989

     This opinion cites § 39.111 1 time, the section generally

     …at the time of the robbery and resulting conviction, the trial court sentenced him as an adult without providing written reasons as mandated in section 39.111(7)(d), Florida Statutes (1987), and State v. Rhoden, 448 So.2d 1013 (Fla.1984). The state concedes that this was error. Therefore, we vacate the appellant’s…

169. Leonard v. State 540 So. 2d 253 · DCA88-1606 · District Court of Appeal 1989

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     PER CURIAM. AFFIRMED. We believe the trial court acted within the broad discretion afforded it under section 39.111, Florida Statutes (1987). ANSTEAD, GUNTHER and WARNER, JJ., concur.

170. Gooden v. State 536 So. 2d 392 · 4D88-0472 · 4th DCA 1989

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …was directed to prepare an order, which the judge signed, in which the court treated most, but not all, of the statutory criteria required by section 39.111(7)(c), Florida Statutes (1987). Particularly, the court failed to treat item # 4 of said statute. The case law is clear that, in sentencing a juvenile as an adult,…

171. Dupes v. Department of Health & Rehabilitative Services 536 So. 2d 311 · 1DBR-426 · 1st DCA 1988

     This opinion cites § 39.111 1 time, the section generally

     · cited by 4 in all courts

     …a delinquent, or committed to HRS for treatment in a community control or youth program. Chapter 86-220, Laws of Florida (1986); sections 39.032(7), 39.11(2), 39.111(5), 39.402(14), Florida Statutes (1986 Supp.). With respect to dependency proceedings, section 39.41 was amended to require the circuit court to order parents to…

172. Dix v. State 533 So. 2d 1189 · DCA87-493 · District Court of Appeal 1988

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …a juvenile when he committed the offense, the court committed error when it sentenced him as an adult without providing written reasons as mandated by section 39.111(7)(d), Florida Statutes (1987). He is correct, as the state concedes. State v. Rhoden, 448 So.2d 1013 (Fla.1984). We reverse on this issue alone and remand…

173. Davis v. State 528 So. 2d 521 · 2D86-1680 · 2nd DCA 1988

     This opinion cites § 39.111 1 time, the section generally

     · cited by 14 in all courts

     …argues that the trial judge erred in failing to provide written reasons for departing from the guidelines and for imposing adult sanctions pursuant to section 39.111(6)(d), Fla. Stat. (1985). Because the adjudication was entered pursuant to a plea agreement, however, we find the need for such written reasons has been obviated. …

174. Sapp v. State 522 So. 2d 1006 · 4D85-862 · 4th DCA 1988

     This opinion cites § 39.111 1 time, the section generally

     · cited by 6 in all courts

     …guidelines. We remand with directions to resentence Larry Sapp for the charge on which he was convicted, giving due consideration to the criteria of Section 39.111(6)(c), Florida Statutes (1983), and if adult sanctions are again imposed, to make the required findings in writing. Furthermore, the new sentence shall be within…

175. Gard v. State 521 So. 2d 369 · DCA87-846 · District Court of Appeal 1988

     This opinion cites § 39.111 1 time, the section generally

     · cited by 3 in all courts

     …we do not find merit in defendant’s argument that the trial court failed to consider the criteria for sentencing a juvenile as an adult pursuant to section 39.111(6)(c), Florida Statutes (1985). The record reflects that the trial court did consider those criteria, and, whether or not we would have applied each of those…

176. Coleman v. State 515 So. 2d 313 · 2D86-1837 · 2nd DCA 1987

     This opinion cites § 39.111 1 time, the section generally

     · cited by 8 in all courts

     …adult sanctions convinces us the trial court did not err in imposing adult sanctions, but we find no written order on the matter, as required by section 39.111(6)(d), Florida Statutes (1985). See State v. Rhoden, 448 So.2d 1013, 1016 (Fla. 1984). Accordingly, we affirm the imposition of adult sanctions and remand…

177. Wright v. State 507 So. 2d 784 · DCABJ-347 · District Court of Appeal 1987

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …shown regarding entry of the appealed order. Despite the certification, the trial court noted in that order that “sentencing can proceed pursuant to section 39.111 if that is appropriate.” That section gives the trial court considerable latitude in sentencing defendant to an appropriate facility for youthful offenders. …

178. Clemons v. State 508 So. 2d 430 · DCA86-1368 · District Court of Appeal 1987

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …State v. Rhoden, 448 So.2d 1013 (Fla.1984). We reverse appellant’s sentences, and remand to the trial court for resentencing in compliance with section 39.111(6). Affirmed in part, reversed in part, and remanded for resentencing. FRANK, A.C.J., and SANDERLIN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

179. Grandison v. State 506 So. 2d 74 · 5D86-1571 · 5th DCA 1987

     This opinion cites § 39.111 1 time, the section generally

     · cited by 4 in all courts

     …and uttering a forgery. [1] We vacate the sentence because the trial court failed to provide written reasons for imposing adult sanctions pursuant to section 39.111(6)(d), Florida Statutes (1985); State v. Rhoden, 448 So.2d 1013 (Fla. 1984); Posey v. State, 501 So.2d 192 (Fla. 5th DCA 1987); Johnson v. State, …

180. Addison v. State 503 So. 2d 961 · DCABM-86 · District Court of Appeal 1987

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     NIMMONS, Judge. In sentencing appellant as an adult, the trial court failed to comply with the requirements of Section 39.111(6), Florida Statutes (1985), which mandates that, when sentencing a juvenile as an adult, the trial court must explain in writing why adult sanctions are…

181. Vega v. State 498 So. 2d 1294 · 5D86-116 · 5th DCA 1986

     This opinion cites § 39.111 1 time, the section generally

     · cited by 11 in all courts

     …(3) style of life and unlikelihood of rehabilitation or deterrence with juvenile sanctions. While these reasons follow the criteria found in section 39.111(6)(c), Florida Statutes (1985), and could well support a judicial determination of adult sanctions as a youthful offender, that is not the issue in this case; the…

182. Posey v. State 487 So. 2d 429 · DCA85-1411 · District Court of Appeal 1986

     This opinion cites § 39.111 1 time, the section generally

     · cited by 3 in all courts

     …appeal from a sentence. Appellant was sentenced as an adult even though he was a juvenile. The sentencing judge failed to follow the requirements of section 39.111(6)(d), Florida Statutes (1983), mandating that the decision to impose adult sanctions be in writing. State v. Rhoden, 448 So.2d 1013 (Fla.1984); Johnson v.…

183. Webster v. State 486 So. 2d 695 · DCA85-1379 · District Court of Appeal 1986

     This opinion cites § 39.111 1 time, the section generally

     …convicted of certain offenses and then sentenced as an adult. In so doing, the trial court committed error because it did not follow the provisions of Section 39.111(6), Florida Statutes (1983). 1 The failure to *696 follow such provisions requires a remand for resentencing. State v. Rhoden, 448 So.2d 1013, 1016-1017 …

184. Fulmore v. State 483 So. 2d 765 · DCA84-2551 · District Court of Appeal 1986

     This opinion cites § 39.111 1 time, the section generally

     · cited by 3 in all courts

     …defendant. *766 While clearly not a basis for new trial, we call the trial court’s attention to its failure to fulfill the writing requirements of Section 39.111(6), Florida Statutes (1983). HERSEY, C.J., and HURLEY, J., concur.

185. Dailey v. State 471 So. 2d 1349 · 1DAZ-64 · 1st DCA 1985

     This opinion cites § 39.111 1 time, the section generally

     · cited by 21 in all courts

     …TILLMAN (Retired), Associate Judge, concur. NOTES [1] In State v. Rhoden, 448 So.2d 1013 (Fla. 1984), the trial court failed to comply with Section 39.111(6), Florida Statutes (1981), which requires a trial court, when sentencing a juvenile as an adult, to explain in writing why adult sanctions are appropriate. In …

186. State v. Upshaw 469 So. 2d 922 · DCA83-1614 · District Court of Appeal 1985

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …or any other offense for which he was indicted as a part of the criminal episode, the court may sentence as follows: a. Pursuant to the provisions of s. 39.111(6); b. Pursuant to the provisions of chapter 958, notwithstanding any other provisions of that chapter to the contrary; or c. As an adult. The state’s…

187. Ross v. State 468 So. 2d 1030 · DCA84-1245 · District Court of Appeal 1985

     This opinion cites § 39.111 1 time, the section generally

     …1228 (Fla. 4th DCA 1983), we found no reversible error as to the sentence imposed except for: 1. Failure to make written findings pursuant to Section 39.111(6)(d), Florida Statutes (1981). 2. Failure to enter a written order justifying the retention of jurisdiction pursuant to Section 947.16(3)(a), Florida Statutes…

188. Upshaw v. State 464 So. 2d 1355 · 4D84-1182 · 4th DCA 1985

     This opinion cites § 39.111 1 time, the section generally

     · cited by 7 in all courts

     … PER CURIAM. 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);…

189. Walker v. State 462 So. 2d 452 · SC64747 · Florida Supreme Court 1985

     This opinion cites § 39.111 1 time, the section generally

     · cited by 64 in all courts

     … at 941 . We agree with this holding and find it to be consistent with our recent decision in Rhoden , in which we dealt with a similar statute, section 39.111(6), Florida Statutes (1981). That statute places a statutory duty upon the trial *454 judge to make specific findings of fact when sentencing a juvenile…

190. Trenary v. State 453 So. 2d 1132 · 2D83-959 · 2nd DCA 1984

     This opinion cites § 39.111 1 time, the section generally

     · cited by 15 in all courts

     …2d DCA 1982). The court remanded, however, for correction of the judgment to reflect the use of a weapon and for resentencing after compliance with section 39.111(6), Florida Statutes (1983). Prior to resentencing, defendant filed a motion to withdraw his plea. As grounds therefor, defendant alleged that he entered his…

191. Stokes v. State 446 So. 2d 253 · DCA83-375 · District Court of Appeal 1984

     This opinion cites § 39.111 1 time, the section generally

     …However, his sentence is remanded for correction because the lower court did not give Stokes credit for time in the Department as required by section 39.111(5)(b), Florida Statutes (1981), an error the state concedes. See Green v. State, 446 So.2d 253 (Fla. 5th DCA 1984). AFFIRMED and REMANDED. ORFINGER, C.J.,…

192. Pimentel v. State 442 So. 2d 228 · 3D82-1200 · 3rd DCA 1983

     This opinion cites § 39.111 1 time, the section generally

     · cited by 12 in all courts

     …sentence on the basis that the trial court failed to reduce to writing its decision that the defendant be sentenced as an adult. While it is true that Section 39.111(6)(d) requires as much, we find that where the transcript which is part of the record contains the requisite findings, the necessity of a writing has been…

193. Brown v. State 427 So. 2d 304 · 3D82-1131 · 3rd DCA 1983

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …Fla. Stat. (1981), is convicted upon retrial, an adult sentence may not be imposed except pursuant to the disposition procedures set forth in Section 39.111(6), Florida Statutes (1981).

194. Ross v. State 426 So. 2d 1228 · DCA82-1306 · District Court of Appeal 1983

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     … (Fla. 4th DCA 1982). However, we agree with the appellant that the trial court was required to make written findings pursuant to the provisions of section 39.111(6)(d), Florida Statutes (1981). Jones v. State, 418 So.2d 1256 (Fla. 4th DCA 1982). In addition, upon remand, the trial court should enter a written order…

195. Kirkwood v. State 426 So. 2d 68 · DCAAL-127 · District Court of Appeal 1983

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …He appeals his sentencing as an adult. We affirm. The record reveals that the trial court carefully considered each of the factors listed in Section 39.111(6)(c), Florida Statutes (1981). The findings as to each factor are supported by the record. The court also considered providing youthful offender treatment to…

196. McCray v. State 424 So. 2d 916 · DCA81-2098 · District Court of Appeal 1982

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …were an adult. The child shall thereafter be subject to prosecution, trial, and sentencing as if the child were an adult but subject to the provisions of s. 39.111(6). (b) The court shall transfer and certify the case for trial as if the child were an adult if the child is alleged to have committed a violation of law and,…

197. Mills v. State 424 So. 2d 866 · DCA80-136 · District Court of Appeal 1982

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …a remand for resentencing. This is not a situation where the defendant complains that the sentencing judge did not comply with the provisions of Section 39.111(6), Florida Statutes (1979). Were it such a situation, then the holding in Jones v. State, 418 So.2d 1256 (Fla. 4th DCA 1982), would govern the outcome of…

198. Yero v. State 420 So. 2d 338 · DCA79-2023 · District Court of Appeal 1982

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …the court sentenced him to 155 years in prison. The trial court did not enter a separate order about her decision to impose adult sanctions, as required by § 39.111(6)(d). The judge did, however, enter a lengthy order retaining jurisdiction. In that order, the judge detailed the violent nature of the criminal act, Yero’s lack…

199. Smith v. State 416 So. 2d 862 · DCAAI-418 · District Court of Appeal 1982

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …post-conviction relief, Rule 3.850, Florida Rules of Criminal Procedure, with respect to the trial court’s failure to comply with the requirements of Section 39.111(6), Florida Statutes (1981), before imposing adult sanctions. See, Harvey v. State, 408 So.2d 579 (Fla. 5th DCA 1981). LARRY G. SMITH, JOANOS and…

200. Williams v. State 406 So. 2d 1195 · DCA79-1990 · District Court of Appeal 1981

     This opinion cites § 39.111 1 time, the section generally

     …upon defendant’s plea of nolo contendere. Defendant reserved his right to appeal the trial court’s refusal to apply the sentencing procedures of Section 39.111, Florida Statutes (1979). The trial court’s refusal to sentence the defendant as a juvenile was based upon the fact that defendant was indicted, rather than…

201. Greene v. State 403 So. 2d 1126 · DCA79-1129/T4-566 · District Court of Appeal 1981

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     COWART, Judge. The judgment and sentence are affirmed without prejudice to appellant’s right to seek compliance with section 39.111(6)(e), Florida Statutes (1979), in the trial court. See Rubasky v. State, 401 So.2d 894 (Fla. 5th DCA 1981); Dunman v. State, 400 So.2d 838 (Fla. 5th…

202. Harvey v. State 408 So. 2d 579 · DCA80-1144 · District Court of Appeal 1981

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …guilty of burglary and affirm his conviction and sentence. Harvey urges as error the trial judge’s failure to consider the criteria set forth in section 39.111(6)(c), Florida Statutes (1979), before imposing adult sanctions. These points were not raised before the trial court. They concern procedural errors which are not…

203. Futrell v. State 402 So. 2d 29 · 5D79-299 · 5th DCA 1981

     This opinion cites § 39.111 1 time, the section generally

     ORFINGER, Judge. Appellant is correct in his position that because he is a juvenile he was entitled to be sentenced under the procedures specified in section 39.111(6), Florida Statutes (1979), which requires, among other things, the pri- or receipt and consideration of a predisposition report, notwithstanding the fact that…

204. Dunman v. State 400 So. 2d 838 · 5D80-981 · 5th DCA 1981

     This opinion cites § 39.111 1 time, the section generally

     · cited by 13 in all courts

     …investigation pursuant to Florida Rule of Criminal *839 Procedure 3.710 and he also failed to follow the sentencing procedure mandated by section 39.111(6), Florida Statutes (1979). These points were not raised before the trial court. They concern procedural errors which are not fundamental; therefore, they…

205. Bunch v. State 399 So. 2d 471 · DCA80-2277 · District Court of Appeal 1981

     This opinion cites § 39.111 1 time, the section generally

     · cited by 2 in all courts

     …Statutes (1979). After appellant pled nolo contendere, the trial court sentenced appellant as an adult. When a juvenile is sentenced as an adult, section 39.111(6), Florida Statutes (1979), requires that the trial court make specific factual findings based upon the criteria enumerated in that section. The record in the…

206. Pendarvis v. State 400 So. 2d 494 · 5D80-1106 · 5th DCA 1981

     This opinion cites § 39.111 1 time, the section generally

     · cited by 7 in all courts

     …Butler, Asst. Atty. Gen., Daytona Beach, for appellee. DAUKSCH, Chief Judge. This is an appeal from a sentence which was not in accordance with section 39.111(6), Florida Statutes (1979), which requires certain benefits be afforded juveniles *495 appearing in adult criminal court. Ordinarily, the failure to comply…

207. Austin v. State 400 So. 2d 495 · 5D80-988 · 5th DCA 1981

     This opinion cites § 39.111 1 time, the section generally

     · cited by 4 in all courts

     …from the juvenile division pursuant to section 39.02(5)(a), Florida Statutes (1979), he was entitled to the sentencing benefits and procedure of section 39.111(6), Florida Statutes (1979), and section 958.05(2), Florida Statutes (1979). State v. Cain, 381 So.2d 1361 (Fla. 1980); Goodson v. State, 392 So.2d…

208. State v. Owens 395 So. 2d 1215 · DCA80-2230 · District Court of Appeal 1981

     This opinion cites § 39.111 1 time, the section generally

     · cited by 3 in all courts

     …if it finds this to be an appropriate sanction. In fact, because of his youth, the respondent may be eligible for the lenient treatment afforded under Section 39.111(6), Florida Statutes (1979) (providing for sentencing as a child even though convicted in the criminal division) and Section 958.04, Florida Statutes (1979) (the…

209. Trabayko v. State 385 So. 2d 1172 · DCA80-32 · District Court of Appeal 1980

     This opinion cites § 39.111 1 time, the section generally

     PER CURIAM. The judgment of the trial court is affirmed, but the sentence is vacated and the case remanded for resentencing pursuant to Section 39.111(6), Florida Statutes (1979). See Stallins v. State, No. 80-378 (Fla. 2d DCA July 16, 1980). SCHEB, C. J., and BOARDMAN and GRIMES, JJ., concur.

210. State v. Dennis 386 So. 2d 24 · DCA79-1867 · District Court of Appeal 1980

     This opinion cites § 39.111 1 time, the section generally

     · cited by 1 in all courts

     …JJ., concur. . In the event that appellee is ultimately convicted in the county court, that court must conduct a disposition hearing pursuant to Section 39.111(6), Florida Statutes (1979), prior to sentencing.

211. R.B.S. v. Capri 384 So. 2d 692 · 3D80-817 · 3rd DCA 1980

     This opinion cites § 39.111 1 time, the section generally

     · cited by 12 in all courts

     … Inasmuch as the seriousness and nature of the offense are specified criteria in other sections of Chapter 39, see, e.g., Sections 39.09(2)(c), 39.09(3)(d), and 39.111(6)(c), we are constrained to conclude that the Legislature deliberately omitted this factor as one of the criteria to justify detention of a child. [15] One of…

212. Skinner v. State 383 So. 2d 767 · DCA79-1741 · District Court of Appeal 1980

     This opinion cites § 39.111 1 time, the section generally

     · cited by 3 in all courts

     …defendant petitioned the trial court to vacate the sentence imposed and to impose sentence upon him as a youthful offender pursuant to provisions of Section 39.111(6), Florida Statutes (Supp.1978) and Chapter 958, Florida Statutes (Supp.1978), both of which became effective October 1, 1978. 1 The sentence which was…

213. Allen v. State 383 So. 2d 674 · 5D78-2299/T4-266 · 5th DCA 1980

     This opinion cites § 39.111 1 time, the section generally

     · cited by 12 in all courts

     …3.710, Fla.R. Crim.P., even though offense was committed prior to its enactment. [5] Where the court was required to follow the procedure outlined in Sec. 39.111(6), Fla. Stat. (1978 Supp.) in sentencing, where applicable.

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