Legal Opinion

Aguirre v. State

District Court of Appeal of Florida

Decided December 28, 1994No. 93-03677PublishedCited by 1 opinion

1Opinion of the Court

FULMER, Judge.

The defendant, Alberto Aguirre, appeals his judgments and sentences for first degree burglary while armed, grand theft, and grand theft of a firearm.1 We find merit only in his contention that the trial court failed to comply with the strict standard set forth in Troutman v. State, 680 So.2d 528, 531 (Fla. 1993). Because Troutman requires that the trial court give an individualized evaluation of how the defendant fits within the criteria of section 39.059(7)(e), Florida Statutes (1993), before imposing an adult sentence, we are compelled to remand for resentencing. Comparing the…

2Cases cited3 opinions

  1. Troutman v. StateSupreme Court of Florida · 1993
  2. Whitaker v. Department of Ins. and TreasurerDistrict Court of Appeal of Florida · 1996
  3. McCoy v. StateDistrict Court of Appeal of Florida · 1994

3Cited by1 opinion

  1. Aguirre v. StateDistrict Court of Appeal of Florida · 1996

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