Posey v. State

District Court of Appeal of Florida

Posey v. State

487 So. 2d 429, 11 Fla. L. Weekly 1036, 1986 Fla. App. LEXIS 7597

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1986

DocketNo. 85-1411

StatusPublished

Cited by3 cases

This text of 487 So. 2d 429 (Posey 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

Posey v. State, 487 So. 2d 429, 11 Fla. L. Weekly 1036, 1986 Fla. App. LEXIS 7597 (Fla. Ct. App. 1986).

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Opinion

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was sentenced as an adult even though he was a juvenile. The sentencing judge failed to follow the requirements of section 39.111(6)(d), Florida Statutes (1983), mandating that the decision to impose adult sanctions be in writing. State v. Rhoden, 448 So.2d 1013 (Fla.1984); Johnson v. State, 477 So.2d 56 (Fla. 5th DCA 1985). The sentence is quashed and the case remanded for resentencing. In the event the trial court departs from the guidelines upon remand, no consideration should be given to the nature of the offense for which the defendant was charged but not convicted. Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985). In this case, the defendant was convicted of robbery, not armed robbery, and the weapon is not a permissible reason for departure. Because we have quashed the sentence and remanded for resentencing, we are not required to review the extent of the departure, which in this case was seven times the guideline recommendation. See Albritton v. State, 476 So.2d 158, 160 (Fla.1985).

SENTENCE QUASHED; REMANDED.

ORFINGER and SHARP, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was sentenced as an adult even though he was a juvenile. The sentencing judge failed to follow the requirements of section 39.111(6)(d), Florida Statutes (1983), mandating that the decision to impose adult sanctions be in writing. State v. Rhoden, 448 So.2d 1013 (Fla.1984); Johnson v. State, 477 So.2d 56 (Fla. 5th DCA 1985). The sentence is quashed and the case remanded for resentencing. In the event the trial court departs from the guidelines upon remand, no consideration should be given to the nature of the offense for which the defendant was charged but not convicted. Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985). In this case, the defendant was convicted of robbery, not armed robbery, and the weapon is not a permissible reason for departure. Because we have quashed the sentence and remanded for resentencing, we are not required to review the extent of the departure, which in this case was seven times the guideline recommendation. See Albritton v. State, 476 So.2d 158, 160 (Fla.1985).

SENTENCE QUASHED; REMANDED.

ORFINGER and SHARP, JJ., concur.

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Bluebook (online)

487 So. 2d 429, 11 Fla. L. Weekly 1036, 1986 Fla. App. LEXIS 7597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/posey-v-state-fladistctapp-1986.

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