Scorpio v. State

The appellant, a juvenile who was tried and convicted as an adult, was found guilty by a jury of burglary of a dwelling, grand theft, and dealing in stolen property. He asserts, inter alia, that the trial court failed to consider the statutory criteria of section 39.059(7)(c), Florida Statutes (1995) in imposing adult sanctions on him. While this error has merit, it has not been properly preserved for appellate review. Carson v. State, 707 So.2d 898 (Fla. 5th DCA 1998).

The appellant is entitled to relief from his conviction and sentence for the third degree felony of grand theft because he…