Legal Opinion

Posey v. State

District Court of Appeal of Florida

Decided May 1, 1986No. 85-1411PublishedCited by 3 opinions

1Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was sentenced as an adult even though he was a juvenile. The sentencing judge failed to follow the requirements of section 39.111(6)(d), Florida Statutes (1983), mandating that the decision to impose adult sanctions be in writing. State v. Rhoden, 448 So.2d 1013 (Fla.1984); Johnson v. State, 477 So.2d 56 (Fla. 5th DCA 1985). The sentence is quashed and the case remanded for resentencing. In the event the trial court departs from the guidelines upon remand, no consideration should be given to the nature of the offense for which the…

2Cases cited4 opinions

  1. Albritton v. StateSupreme Court of Florida · 1985
  2. State v. RhodenSupreme Court of Florida · 1984
  3. Vandeneynden v. StateDistrict Court of Appeal of Florida · 1985
  4. Johnson v. StateDistrict Court of Appeal of Florida · 1985

3Cited by3 opinions

  1. Posey v. StateDistrict Court of Appeal of Florida · 1987
  2. Hughes Supply, Inc. v. LuptonDistrict Court of Appeal of Florida · 1986
  3. McCullum v. StateDistrict Court of Appeal of Florida · 1986

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