Mungin v. State

District Court of Appeal of Florida

Mungin v. State

677 So. 2d 958, 1996 Fla. App. LEXIS 8037, 1996 WL 426418

CourtDistrict Court of Appeal of Florida

DecidedJuly 31, 1996

DocketNo. 95-02159

StatusPublished

Cited by1 cases

This text of 677 So. 2d 958 (Mungin 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.

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Mungin v. State, 677 So. 2d 958, 1996 Fla. App. LEXIS 8037, 1996 WL 426418 (Fla. Ct. App. 1996).

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Opinion

FRANK, Judge.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant’s attorney has brought to the court’s attention the failure of the trial judge to reduce to writing his decision to impose adult sanctions upon Mun-gin, a juvenile at the time of the offense. Although the trial court no longer needs to make specific factual findings under the 1994 version of section 39.057, Florida Statutes, the court nevertheless must render a written order noting its decision. § 39.059(7)(d), Fla. Stat. (Supp.1994); Collins v. State, 21 Fla. L. Weekly D1400, — So.2d — (Fla. 2d DCA June 12, 1996); Lunn v. State, 675 So.2d 648 (Fla. 2d DCA 1996).

Accordingly, we reverse and remand for resentencing. The court may again sentence Mungin as an adult after compliance with section 39.059, Florida Statutes (Supp.1994).

THREADGILL, C.J., and LAZZARA, J., concur.

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FRANK, Judge.

In this appeal pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), the appellant’s attorney has brought to the court’s attention the failure of the trial judge to reduce to writing his decision to impose adult sanctions upon Mun-gin, a juvenile at the time of the offense. Although the trial court no longer needs to make specific factual findings under the 1994 version of section 39.057, Florida Statutes, the court nevertheless must render a written order noting its decision. § 39.059(7)(d), Fla. Stat. (Supp.1994); Collins v. State, 21 Fla. L. Weekly D1400, — So.2d — (Fla. 2d DCA June 12, 1996); Lunn v. State, 675 So.2d 648 (Fla. 2d DCA 1996).

Accordingly, we reverse and remand for resentencing. The court may again sentence Mungin as an adult after compliance with section 39.059, Florida Statutes (Supp.1994).

THREADGILL, C.J., and LAZZARA, J., concur.

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677 So. 2d 958, 1996 Fla. App. LEXIS 8037, 1996 WL 426418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mungin-v-state-fladistctapp-1996.

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