Mackey v. State

District Court of Appeal of Florida

Mackey v. State

554 So. 2d 1234, 1990 Fla. App. LEXIS 189, 1990 WL 2696

CourtDistrict Court of Appeal of Florida

DecidedJanuary 17, 1990

DocketNo. 89-0185

StatusPublished

This text of 554 So. 2d 1234 (Mackey 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

Mackey v. State, 554 So. 2d 1234, 1990 Fla. App. LEXIS 189, 1990 WL 2696 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

Appellant, a juvenile at the time of the offenses, was tried and convicted as an adult under an information charging armed burglary and grand theft. He was sentenced to a maximum guideline sentence on both charges without, however, the mandated prerequisite of presentence proceedings and a written order setting forth specific findings, as required by Section 39.-111, Florida Statutes (Supp.1988). The state concedes this to be reversible error. See State v. Rhoden, 448 So.2d 1013 (Fla.1984).

Appellant’s remaining points on appeal are without merit.

In view whereof, the 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, JOSEPH P., Associate Judge, concur.

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