Parks v. State

District Court of Appeal of Florida

Parks v. State

637 So. 2d 347, 1994 Fla. App. LEXIS 5090, 1994 WL 226600

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1994

DocketNo. 93-2031

StatusPublished

Cited by2 cases

This text of 637 So. 2d 347 (Parks 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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Parks v. State, 637 So. 2d 347, 1994 Fla. App. LEXIS 5090, 1994 WL 226600 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

The adult sanctions imposed upon Derrick Parks, a minor, must be reversed because they were entered without the necessary written reasons and findings. § 39.-059(7)(c), Fla.Stat. (1991); Troutman v. State, 630 So.2d 528 (Fla.1993). The requirement of written reasons and findings cannot be met by a transcript. Id. at 532.

Moreover, the sentences imposed, which combine community control and county jail, are departure sentences, State v. Davis, 630 So.2d 1059 (Fla.1994), which are invalid [348]*348because the court did not provide written reasons in this case.

There was no indication at sentencing that the court knew that the sentence was a departure sentence.¹ Therefore, assuming on remand the trial court strictly complies with the statutory criteria for imposing adult sanctions, the trial court may depart from the guidelines if valid reasons are provided. State v. Betancourt, 552 So.2d 1107 (Fla.1989); Isom v. State, 619 So.2d 369 (Fla. 3d DCA), rev. denied, 630 So.2d 1099 (Fla.1993).

The sentences are vacated and this matter remanded to the trial court for resentencing.

SENTENCES VACATED; REMANDED.

DAUKSCH, W. SHARP and PETERSON, JJ., concur.

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