Legal Opinion

Diaz v. State

District Court of Appeal of Florida

Decided November 18, 1992No. 92-0736Published

1Per curiam

Appellant, a juvenile, plead guilty to a charge of robbery and was sentenced as an adult over his objection. Because the sentencing order failed to include a specific finding of fact on criterion 4 of section *55139.059(7)(c), Florida Statutes 1991, we must vacate the sentence and remand for resen-tencing. Kohler v. State, 588 So.2d 689 (Fla. 4th DCA 1991); West v. State, 503 So.2d 435 (Fla. 4th DCA 1987).

DELL and FARMER, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

2Cases cited2 opinions

  1. West v. StateDistrict Court of Appeal of Florida · 1987
  2. Kohler v. StateDistrict Court of Appeal of Florida · 1991