Tucker v. State

District Court of Appeal of Florida

Tucker v. State

692 So. 2d 983, 1997 Fla. App. LEXIS 4520, 1997 WL 209128

CourtDistrict Court of Appeal of Florida

DecidedApril 30, 1997

DocketNo. 95-04952

StatusPublished

This text of 692 So. 2d 983 (Tucker 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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Tucker v. State, 692 So. 2d 983, 1997 Fla. App. LEXIS 4520, 1997 WL 209128 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The appellant, Herman Tucker, challenges the sentences imposed upon him after he pled guilty to two counts of false imprisonment, two counts of battery, two counts of aggravated assault, obstructing or opposing [984]*984an officer with violence, and battery on a law enforcement officer. We reverse and remand for resentencing.

While we affirm without further discussion the appellant’s convictions we must reverse appellant’s sentences and remand for resen-tencing because the trial court failed to reduce to writing its decision to sentence appellant as an adult'. Collins v. State, 685 So.2d 1345 (Fla. 2d DCA 1996). The trial court is no longer required to make specific factual findings in regard to adult sanctions, however, the statute still requires that a court’s decision to impose adult sanctions must be in writing. § 39.059(7)(d), Fla. Stat. (1995); Collins 685 So.2d at 1346. Because the trial court did not enter the required written order, we reverse and remand for resentencing.

Reversed and remanded for resentencing.

THREADGILL, C.J., and SCHOONOVER and NORTHCUTT, JJ., concur.

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PER CURIAM.

The appellant, Herman Tucker, challenges the sentences imposed upon him after he pled guilty to two counts of false imprisonment, two counts of battery, two counts of aggravated assault, obstructing or opposing [984]*984an officer with violence, and battery on a law enforcement officer. We reverse and remand for resentencing.

While we affirm without further discussion the appellant’s convictions we must reverse appellant’s sentences and remand for resen-tencing because the trial court failed to reduce to writing its decision to sentence appellant as an adult'. Collins v. State, 685 So.2d 1345 (Fla. 2d DCA 1996). The trial court is no longer required to make specific factual findings in regard to adult sanctions, however, the statute still requires that a court’s decision to impose adult sanctions must be in writing. § 39.059(7)(d), Fla. Stat. (1995); Collins 685 So.2d at 1346. Because the trial court did not enter the required written order, we reverse and remand for resentencing.

Reversed and remanded for resentencing.

THREADGILL, C.J., and SCHOONOVER and NORTHCUTT, JJ., concur.

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692 So. 2d 983, 1997 Fla. App. LEXIS 4520, 1997 WL 209128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-state-fladistctapp-1997.

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