Menchaca v. State

District Court of Appeal of Florida

Menchaca v. State

636 So. 2d 178, 1994 Fla. App. LEXIS 4162, 1994 WL 151381

CourtDistrict Court of Appeal of Florida

DecidedApril 29, 1994

DocketNo. 92-02462

StatusPublished

Cited by3 cases

This text of 636 So. 2d 178 (Menchaca 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

Menchaca v. State, 636 So. 2d 178, 1994 Fla. App. LEXIS 4162, 1994 WL 151381 (Fla. Ct. App. 1994).

Pincite

Opinion

FRANK, Chief Judge.

Gustavo Menehaca was seventeen years old when he and several other young men forcefully invaded a home and terrorized the residents. He was charged with and convicted of armed burglary of a dwelling, two counts of robbery, grand theft of a firearm, and grand theft of a motor vehicle. Mencha-ca now challenges his sentence, contending that the trial court erred by failing to make written findings concerning the propriety of adult sanctions. We agree and remand for resentencing.

The trial court was bound to consider each of the criteria in section 39.059(7)(c), Florida Statutes, and to provide written reasons for the decision to impose adult sanctions contemporaneous with the sentencing. Troutman v. State, 630 So.2d 528 (Fla.1993). On remand, the court may impose adult sanctions after strict application of the statutory criteria and the reduction of his findings to writing. Troutman.

Reversed and remanded for resentencing.

PATTERSON and BLUE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI