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Stallins v. State

District Court of Appeal of Florida, Second District
Jul 16, 1980
385 So. 2d 1171 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-378.

July 16, 1980.

Appeal from Circuit Court, Hendry County; James R. Adams, Judge.

Jack O. Johnson, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.


The State filed an information against Harold Stallins, a juvenile, pursuant to Section 39.04(2)(e)4, Florida Statutes (1979). Stallins contends that the trial court committed reversible error in not sentencing him pursuant to Section 39.111(6)(c)1-6, Florida Statutes (1979).

Section 39.111(6), Florida Statutes (1979), requires that a trial court, when imposing adult sanctions on a juvenile, make findings of fact and evaluate the juvenile based on the criteria in Section 39.111(6)(c), Florida Statutes (1979). The record here reveals that Stallins was not sentenced in conformance with that statute.

There being no merit to the other point raised on appeal, we affirm the judgment of the trial court but vacate the sentence. The case is remanded for resentencing pursuant to Section 39.111(6). State v. Cain, 381 So.2d 1361 (Fla. 1980).

GRIMES, Acting C.J., and RYDER and CAMPBELL, JJ., concur.


Summaries of

Stallins v. State

District Court of Appeal of Florida, Second District
Jul 16, 1980
385 So. 2d 1171 (Fla. Dist. Ct. App. 1980)
Case details for

Stallins v. State

Case Details

Full title:HAROLD EDWARD STALLINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 16, 1980

Citations

385 So. 2d 1171 (Fla. Dist. Ct. App. 1980)

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