Newberry v. State

District Court of Appeal of Florida

Newberry v. State

597 So. 2d 812, 1992 Fla. App. LEXIS 874, 1992 WL 16599

CourtDistrict Court of Appeal of Florida

DecidedFebruary 4, 1992

DocketNo. 91-2055

StatusPublished

This text of 597 So. 2d 812 (Newberry 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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Newberry v. State, 597 So. 2d 812, 1992 Fla. App. LEXIS 874, 1992 WL 16599 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Based upon a review of the record on appeal and a confession of error by the State, we hold that it was error for the trial court to sentence the defendant, a juvenile, as an adult without entering a specific written finding of fact and reasons for the decision to impose adult sanctions as required by section 39.059(7)(d), Florida Statutes (Supp.1990). See Stanley v. State, 582 So.2d 140 (Fla. 5th DCA 1991); Stickles v. State, 579 So.2d 878 (Fla. 2d DCA 1991); Tighe v. State, 571 So.2d 83 (Fla. 5th DCA 1990).

Accordingly, we vacate the sentence imposed and remand this case for resentenc-ing. Upon remand if the basis for the required findings are present and the trial court complies with section 39.059(7)(d), it may again impose adult sanctions.

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PER CURIAM.

Based upon a review of the record on appeal and a confession of error by the State, we hold that it was error for the trial court to sentence the defendant, a juvenile, as an adult without entering a specific written finding of fact and reasons for the decision to impose adult sanctions as required by section 39.059(7)(d), Florida Statutes (Supp.1990). See Stanley v. State, 582 So.2d 140 (Fla. 5th DCA 1991); Stickles v. State, 579 So.2d 878 (Fla. 2d DCA 1991); Tighe v. State, 571 So.2d 83 (Fla. 5th DCA 1990).

Accordingly, we vacate the sentence imposed and remand this case for resentenc-ing. Upon remand if the basis for the required findings are present and the trial court complies with section 39.059(7)(d), it may again impose adult sanctions.

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597 So. 2d 812, 1992 Fla. App. LEXIS 874, 1992 WL 16599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newberry-v-state-fladistctapp-1992.

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