Dunnavant v. State

District Court of Appeal of Florida

Dunnavant v. State

665 So. 2d 354, 1995 Fla. App. LEXIS 13404, 1995 WL 761190

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 1995

DocketNo. 94-1678

StatusPublished

This text of 665 So. 2d 354 (Dunnavant v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunnavant v. State, 665 So. 2d 354, 1995 Fla. App. LEXIS 13404, 1995 WL 761190 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

In this direct criminal appeal, appellant, a juvenile at the time the offenses of which he was convicted had been committed, seeks review of adult sentences imposed incident to those convictions. Because the trial court faded to inform appellant of his rights pursuant to section 39.059(7), Florida Statutes (1991), and to ensure on the record that any waiver of those rights was voluntarily and intelligently made, we are constrained to reverse, and to remand for resentencing. State v. Berry, 647 So.2d 830 (Fla.1994). On remand, the trial court may again sentence appellant as an adult, provided that all applicable statutory requirements are satisfied. Troutman v. State, 630 So.2d 528 (Fla.1993).

REVERSED and REMANDED, with directions.

ERVIN, BOOTH and WEBSTER, JJ., concur.

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PER CURIAM.

In this direct criminal appeal, appellant, a juvenile at the time the offenses of which he was convicted had been committed, seeks review of adult sentences imposed incident to those convictions. Because the trial court faded to inform appellant of his rights pursuant to section 39.059(7), Florida Statutes (1991), and to ensure on the record that any waiver of those rights was voluntarily and intelligently made, we are constrained to reverse, and to remand for resentencing. State v. Berry, 647 So.2d 830 (Fla.1994). On remand, the trial court may again sentence appellant as an adult, provided that all applicable statutory requirements are satisfied. Troutman v. State, 630 So.2d 528 (Fla.1993).

REVERSED and REMANDED, with directions.

ERVIN, BOOTH and WEBSTER, JJ., concur.

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Bluebook (online)

665 So. 2d 354, 1995 Fla. App. LEXIS 13404, 1995 WL 761190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunnavant-v-state-fladistctapp-1995.

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