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Brundage v. State

District Court of Appeal of Florida, Third District
Mar 19, 1997
688 So. 2d 1037 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-01661

Opinion filed March 19, 1997.

An Appeal from the Circuit Court for Dade County, Florida, Alex E. Ferrer, Judge.

LOWER TRIBUNAL NO. 95-19505

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before JORGENSON, FLETCHER and SORONDO, JJ.


Upon the state's confession of error, we reverse the sentence imposed below and remand to the trial court for re-sentencing.

The Department of Corrections (or the Department of Juvenile Justice) is instructed to add to the pre-sentence investigation its recommendation as to the proper disposition of this case. § 39.059,(7), Fla. Stat. (1995). Upon re-sentencing, the trial court will, if it decides to impose adult sanctions, enter a written order as required by section 39.059(7), Florida StatutesSee also Crabb v. State, 676 So.2d 505 (Fla. 1st DCA 1996).

Reversed and remanded for further proceedings consistent with this opinion.


Summaries of

Brundage v. State

District Court of Appeal of Florida, Third District
Mar 19, 1997
688 So. 2d 1037 (Fla. Dist. Ct. App. 1997)
Case details for

Brundage v. State

Case Details

Full title:KEVIRENT BRUNDAGE, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 19, 1997

Citations

688 So. 2d 1037 (Fla. Dist. Ct. App. 1997)