Peaker v. State

District Court of Appeal of Florida

Peaker v. State

585 So. 2d 1197, 1991 Fla. App. LEXIS 9865, 1991 WL 191615

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1991

DocketNo. 90-03069

StatusPublished

Cited by1 cases

This text of 585 So. 2d 1197 (Peaker 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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Peaker v. State, 585 So. 2d 1197, 1991 Fla. App. LEXIS 9865, 1991 WL 191615 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

Defendant, a juvenile, was convicted of attempted first-degree murder and robbery and sentenced as an adult. In this appeal, he does not challenge his robbery conviction.

We do not agree with his first contention that there was insufficient evidence of premeditation to support his conviction for attempted first-degree murder. See Ross v. State, 474 So.2d 1170, 1174 (Fla.1985); Johnson v. State, 486 So.2d 657, 659 (Fla. 4th DCA 1986). Thus we affirm his conviction for attempted first-degree murder.

However, we agree with his second contention that the trial court in sentencing him as an adult failed to make all the findings required by section 39.111(7)(c)1-6, Florida Statutes (1989). Resentencing is required. Stickles v. State, 579 So.2d 878 (Fla. 2d DCA 1991).

Affirmed in part, reversed in part, and remanded for proceedings consistent herewith.

LEHAN, A.C.J., and HALL and THREADGILL, JJ., concur.

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