Troutman v. State

630 So. 2d 528, 1993 WL 444292
CourtSupreme Court of Florida
DecidedNovember 4, 1993
Docket80,495
StatusPublished
Cited by76 cases

This text of 630 So. 2d 528 (Troutman v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Troutman v. State, 630 So. 2d 528, 1993 WL 444292 (Fla. 1993).

Opinion

630 So.2d 528 (1993)

Antonio TROUTMAN, Petitioner,
v.
STATE of Florida, Respondent.

No. 80,495.

Supreme Court of Florida.

November 4, 1993.
Rehearing Denied January 28, 1994.

*529 Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Asst. Public Defender, Chief, Appellate Div. and Faye A. Boyce, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Wendy S. Morris, Asst. Atty. Gen., Tallahassee, for respondent.

BARKETT, Chief Justice.

We review Troutman v. State, 603 So.2d 608 (Fla. 1st DCA 1992), based on express and direct conflict with State v. Rhoden, 448 So.2d 1013 (Fla. 1984), Bell v. State, 598 So.2d 203 (Fla. 4th DCA 1992), Meyers v. State, 593 So.2d 609 (Fla. 5th DCA 1992), and *530 Flowers v. State, 546 So.2d 782 (Fla. 4th DCA 1989).[1] The issues are whether a trial court must consider each of the statutory criteria required under sections 39.059(7)(c) and (d), Florida Statutes (1991),[2] at the time of sentencing a juvenile as an adult, and, if so, whether the resultant findings at the time of sentencing must be contemporaneously reduced to writing.

Troutman, a sixteen-year-old juvenile, was charged with kidnapping to facilitate a felony, grand theft of an automobile, and aggravated assault with a deadly weapon. He pleaded nolo contendere to false imprisonment and grand theft. The predisposition report recommended that Troutman be sentenced as a juvenile and placed on community control. However, the trial judge concluded that juvenile sanctions were inadequate for Troutman's conduct, even though the judge noted that Troutman had no prior record.[3] The judge announced his intention to treat Troutman as an adult, withheld adjudication of guilt, and sentenced Troutman to three years of probation. A written order explaining the trial judge's rationale for imposing adult sanctions was filed three days later.[4]

The district court upheld the trial court's decision, finding that the criteria were sufficiently considered when the written order and sentencing transcript were read together. 603 So.2d at 609. Because we find that the trial court did not comply with the statutory *531 mandate, we quash the decision of the district court.

The Florida Legislature has established "a firm layer of protection for juveniles" in the area of juvenile justice. See M.F. v. State, 583 So.2d 1383, 1386 (Fla. 1991). The Legislature has made clear its policy that juveniles are to be treated in the least restrictive manner while ensuring the safety of the community. See § 187.201(2)(b)(18), Fla. Stat. (1991). As this Court noted in Rhoden, the juvenile justice statutory scheme "grants to juveniles the right to be treated differently from adults." 448 So.2d at 1016.

While juvenile offenders ordinarily have their cases handled in the juvenile justice system, some juveniles may be tried and sentenced as adults in certain circumstances. See §§ 39.022(5); 39.052(2)(a); 39.047(4)(e)5.; 39.059, Fla. Stat. (1991). However, the Legislature has recognized that sentencing children as adults is generally not appropriate and should be avoided in most cases. § 39.002(5)(a), Fla. Stat. (1991) ("[A] significant number of children have been adjudicated in adult criminal court and placed in Florida's prisons where programs are inadequate to meet their rehabilitative needs and where space is needed for adult offenders.") (discussing legislative intent for the juvenile justice system); id. § 39.002(6) ("The supervision, counseling, rehabilitative treatment, and punitive efforts of the juvenile justice system should avoid the inappropriate use of correctional programs and large institutions.").

Even when a juvenile is tried as an adult, judges must make a determination, in accordance with statutory requirements, whether to sentence the child as an adult or as a juvenile. State v. Cain, 381 So.2d 1361, 1367 (Fla. 1980) ("[E]ven when a juvenile is convicted in adult court he is still given special treatment as a juvenile. Before imposing judgment, the trial court must ... determine whether juvenile or adult sanctions are appropriate."). A juvenile's right to this special treatment at sentencing continues even when the juvenile enters into a plea agreement authorizing the imposition of adult sanctions. Sirmons v. State, 620 So.2d 1249 (Fla. 1993).

Section 39.059(7)(c) explicitly requires that the suitability or nonsuitability of adult sanctions be considered through use of the enumerated statutory criteria "before any other determination of disposition." Furthermore, each of the criteria must be considered by the trial court in making the decision to sentence a child as an adult. § 39.059(7)(d), Fla. Stat. (1991). The requirements of section 39.059(7) apply both to cases in which the child is waived into adult court and to cases such as Troutman's, in which the proceeding begins in adult court under the direct file provision. See Id., §§ 39.022(5), .047(4)(e)5.;.052(2).[5]

The Legislature has made clear in the statute itself that adherence to the requirements of section 39.059 is not optional: "It is the intent of the Legislature that the foregoing criteria and guidelines shall be deemed mandatory... ." § 39.059(7), Fla. Stat. (1991). We therefore hold that a trial court must consider each of the criteria of section 39.059(7)(c) before determining the suitability of adult sanctions. In so doing, the trial court must give an individualized evaluation of how a particular juvenile fits within the criteria. Mere conclusory language that tracks the statutory criteria is insufficient. Jackson v. State, 588 So.2d 1085 (Fla. 5th DCA 1991); Youngblood v. State, 560 So.2d 409 (Fla. 5th DCA 1990); Ervin v. State, 561 So.2d 423 (Fla. 3d DCA 1990).

We next turn to the question of whether the court's evaluation and findings must be contemporaneously reduced to writing. Section 39.059(7)(d) makes clear that any decision to impose adult sanctions must be in writing and must conform with the criteria in section 39.059(7)(c). In Rhoden, this Court stated:

*532 The legislature has emphatically mandated that trial judges not only consider the specific statutory criteria pertaining to the suitability of adult sanctions, but that they also reduce to writing their findings of fact and reasons for imposing an adult sentence on a juvenile. A written order is necessary in order to make effective the right of sentence review granted to juveniles by the legislature.

448 So.2d at 1016-17 (emphasis supplied).

The requirement that the trial court's findings and reasons be in writing cannot be met by a transcript. As Troutman observes, the word "render" in the second sentence of section 39.059(7)(d) requires that a written, signed order be filed with the clerk of the court. See also Fla.R.App.P. 9.020(g). The order must include specific findings of fact and the reasons for the decision to impose adult sanctions. § 39.059(7)(d), Fla. Stat. These findings and reasons should be discussed as they relate to the particular juvenile whose case is under review and in the context of each of the criteria in section 39.059(7)(c).

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Bluebook (online)
630 So. 2d 528, 1993 WL 444292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troutman-v-state-fla-1993.