Padilla v. State

Appellant first argues, and the state concedes, that the trial court illegally sentenced him as an adult because the court did not follow the statutorily mandated procedure set forth in section 39.059(7), Florida Statutes (1991). We agree and reverse.

The statute applies in all instances where a child has been found to violate the law; it does not distinguish between misdemeanor and felony offenses. Section 39.059(7) requires the trial court to order a predisposition report prior to sentencing and section 39.059(7)(c) lists six (6) criteria that must be reviewed prior to sentencing. Failure to…