From Casetext: Smarter Legal Research

Oliver v. State

District Court of Appeal of Florida, Second District
Oct 16, 1996
681 So. 2d 1185 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-02167.

October 16, 1996.

An Appeal from the Circuit Court, Pinellas County, Bob Barker, J.

Marshall L. Oliver, pro se.

James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


Marshall Oliver pleaded no contest to a charge of attempted murder. He was a juvenile at the time of the offense, but was sentenced as an adult. The assistant public defender filed an Anders brief, stating that she had found no meritorious argument to support the contention that the trial court committed reversible error. She did, however, direct our attention to several issues. Mr. Oliver then filed a pro se, supplemental brief, raising numerous additional points. We have reviewed the record and the briefs and have found no error, except in two particulars.

Anders v. California, 386 U.S. 738, 87 S.Ct.

First, the lower court did not enter a written order imposing adult sanctions. Although a trial court no longer needs to enter a written order stating its reasons why it is sentencing a juvenile defendant as an adult, section 39.059(7)(d), Florida Statutes (Supp. 1994), still requires that the court reduce its decision to impose adult sanctions to writing. Lunn v. State, 675 So.2d 648 (Fla. 2d DCA 1996). We remand for entry of a written order. Second, the judgment incorrectly states that Mr. Oliver pleaded guilty. We remand for the lower court to correct the judgment to reflect that he pleaded no contest. In all other respects, the judgment and sentence are affirmed.

Affirmed in part, remanded for entry of written order and correction of judgment.

LAZZARA and QUINCE, JJ., concur.


Summaries of

Oliver v. State

District Court of Appeal of Florida, Second District
Oct 16, 1996
681 So. 2d 1185 (Fla. Dist. Ct. App. 1996)
Case details for

Oliver v. State

Case Details

Full title:MARSHALL L. OLIVER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 16, 1996

Citations

681 So. 2d 1185 (Fla. Dist. Ct. App. 1996)

Citing Cases

Brown v. State

This may be accomplished on remand. Smith v. State, 684 So.2d 245 (Fla. 2d DCA 1996); Oliver v. State, 681…