Kohler v. State

Full title: SCOTT KOHLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 13, 1991

588 So. 2d 689 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-1491.

November 13, 1991.

Appeal from the Circuit Court, Indian River County, L.B. Vocelle, J.

Richard L. Jorandby, Public Defender, and Barbara A. White, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand for resentencing. Appellant, a juvenile at the time of the offense, received adult sanctions for robbery. Yet, the trial court failed to make all of the findings, either written or oral, required by section 39.059(7)(c) and (d), Florida Statutes (Supp. 1990). The law is clear, however, that in sentencing a juvenile as an adult, the trial court must make findings with respect to each of the six criteria set forth in section 39.111(7)(c), Florida Statutes (1989) (now 39.059(7)(c)). Flowers v. State, 546 So.2d 782, 783 (Fla. 4th DCA 1989); Gooden v. State, 536 So.2d 392, 393 (Fla. 4th DCA 1989); Sullivan v. State, 587 So.2d 599 (Fla. 5th DCA 1991): § 39.059(7)(d), Florida Statutes (Supp. 1990).

Accordingly, we affirm the judgment of guilt, but vacate the sentence and remand for resentencing in compliance with section 39.059(7)(c) and (d), Florida Statutes (Supp. 1990).

REVERSED AND REMANDED FOR RESENTENCING.

HERSEY, GUNTHER and FARMER, JJ., concur.