Legal Opinion

Newberry v. State

District Court of Appeal of Florida

Decided February 4, 1992No. 91-2055Published

1Per curiam

Based upon a review of the record on appeal and a confession of error by the State, we hold that it was error for the trial court to sentence the defendant, a juvenile, as an adult without entering a specific written finding of fact and reasons for the decision to impose adult sanctions as required by section 39.059(7)(d), Florida Statutes (Supp.1990). See Stanley v. State, 582 So.2d 140 (Fla. 5th DCA 1991); Stickles v. State, 579 So.2d 878 (Fla. 2d DCA 1991); Tighe v. State, 571 So.2d 83 (Fla. 5th DCA 1990).

Accordingly, we vacate the sentence imposed and remand this case for resentenc-ing.…

2Cases cited3 opinions

  1. Tighe v. StateDistrict Court of Appeal of Florida · 1990
  2. Stickles v. StateDistrict Court of Appeal of Florida · 1991
  3. Stanley v. StateDistrict Court of Appeal of Florida · 1991

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