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Bridgewater v. State

District Court of Appeal of Florida, First District
Mar 5, 1996
668 So. 2d 1092 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1153.

March 5, 1996.

An appeal from the Circuit Court for Okaloosa County. Jack R. Heflin, Judge.

Nancy A. Daniels, Public Defender; Jamie Spivey, Assistant Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Attorney General; Jean-Jacques A. Darius, Assistant Attorney General, Tallahassee, for appellee.


Bridgewater appeals a final judgment and sentence imposing adult sanctions on a juvenile. We reject appellant's position that the trial court was required to make specific written findings pursuant to section 39.059 (7)(d), Fla.Stat. (Supp. 1994), but agree that the trial court's order imposing adult sanctions must be in writing. Thomas v. State, 662 So.2d 1334 (Fla. 1st DCA 1995). This case, therefore, must be remanded for entry of a written order. A written nunc pro tunc sentencing order will satisfy the requirements of the statute. Therefore, no new sentencing hearing is required, nor need the appellant be physically present in court for the merely clerical or ministerial function of entering a written order conforming to the oral pronouncement of the court. Nation v. State, 668 So.2d 284 (Fla. 1st DCA 1996). We, therefore, vacate the sentence and remand for the trial court to issue a written order if it still wishes to impose sanctions.

BOOTH, WOLF and VAN NORTWICK, JJ., concur.


Summaries of

Bridgewater v. State

District Court of Appeal of Florida, First District
Mar 5, 1996
668 So. 2d 1092 (Fla. Dist. Ct. App. 1996)
Case details for

Bridgewater v. State

Case Details

Full title:CEDRIC O. BRIDGEWATER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 5, 1996

Citations

668 So. 2d 1092 (Fla. Dist. Ct. App. 1996)

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