Legal Opinion

Tharp v. State

District Court of Appeal of Florida

Decided December 28, 1994No. 93-02253PublishedCited by 2 opinions

1Opinion of the Court

FULMER, Judge.

Daniel A. Tharp appeals his judgments and sentences for armed burglary, grand theft and aggravated assault. We find merit only in the issue raised concerning the defendant’s sentencing as an adult.

Tharp contends that, in sentencing him as an adult, the trial court failed to sufficiently state its considerations and findings as to why juvenile sanctions were not suitable. Pursuant to Troutman v. State, 630 So.2d 528 (Fla.1993), the trial court is required to give an individualized evaluation of how a juvenile defendant fits within the criteria of section 39.059(7)(c), Florida…

2Cases cited2 opinions

  1. Troutman v. StateSupreme Court of Florida · 1993
  2. Kazakoff v. StateDistrict Court of Appeal of Florida · 1994

3Cited by2 opinions

  1. Tharp v. StateDistrict Court of Appeal of Florida · 1996
  2. Thomas v. StateDistrict Court of Appeal of Florida · 1995

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