Stuberfield v. State

Because the 1994 amendments substantially increase the likelihood that adult sanctions will be imposed, I dissent and would conclude that applying the amended statute runs afoul of the constitutional protection against ex post facto laws. To the extent that the holding in Lutz v. State, 664 So.2d 1060 (Fla. 4th DCA 1995), differs, I would recede from that opinion.

THE 1994 AMENDMENTS TO SECTION 39.059

Sections 39.059(7)(e)1-6, Florida Statutes (1993), required the court to consider, at the *638sentencing hearing, each of the six statutorily stated criteria before deciding whether to sentence a…