From Casetext: Smarter Legal Research

Leach v. State

District Court of Appeal of Florida, Fifth District
Jul 6, 1989
545 So. 2d 520 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1173.

July 6, 1989.

Appeal from the Circuit Court for Volusia County, John W. Watson, III, J.

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Laura Griffin, Asst. Atty. Gen., Daytona Beach, for appellee.


The defendant appeals his judgments and sentences for twenty offenses of burglary, attempted burglary and grand theft. The defendant was a juvenile when he committed the offenses but was sentenced as an adult to a combination of community control and probation. Pursuant to section 39.111, Florida Statutes (1987), the trial judge entered an order determining the suitability of adult sanctions. The order tracks the statutory criteria of section 39.111(7)(c) but does not contain specific findings of fact relating to this particular defendant as to each of the statutory criteria. We have previously held that such an order does not satisfy the requirements set forth in section 39.111(7)(d) that the trial court must "render a specific finding of fact and the reasons for the decision to impose adult sanctions." See Smith v. State, 543 So.2d 419 (Fla. 5th DCA 1989); Keith v. State, 542 So.2d 440 (Fla. 5th DCA 1989). See also Hammonds v. State, 543 So.2d 337 (Fla. 4th DCA 1989). Accordingly, we affirm the defendant's convictions but vacate his sentences and remand this cause to the trial court for resentencing in accordance with the statute.

Judgments AFFIRMED; sentences VACATED; cause REMANDED.

DAUKSCH and COBB, JJ., concur.


Summaries of

Leach v. State

District Court of Appeal of Florida, Fifth District
Jul 6, 1989
545 So. 2d 520 (Fla. Dist. Ct. App. 1989)
Case details for

Leach v. State

Case Details

Full title:ROBERT M. LEACH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 6, 1989

Citations

545 So. 2d 520 (Fla. Dist. Ct. App. 1989)

Citing Cases

Tighe v. State

See also Keith v. State, 542 So.2d 440 (Fla. 5th DCA 1989), in which it was held that absent waiver by the…

Hicks v. State

Because the trial court's "checklist" order finding that adult sanctions should be imposed did not comply…