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407 So. 2d 1066

Docket No. 81-1095.

Leach v. State

Paul LEACH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 30, 1981.

District Court of Appeal of Florida · decided 1981-12-30

Cited by 6 later decisions — most recently May 1989

6 state decisions

Key passage — most relied on by later courts

“The existence of a PSI prepared by the Department of Corrections did not suffice because the purpose of a predisposition report is somewhat different than that of a PSI, and the two reports are prepared by different departments having different perspectives.”

quoted by 1 later decision, including 445 So. 2d 661 - E.C. v. State

Relies on 371 So. 2d 556 - Johnson v. State · 373 So. 2d 450 - Proctor v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-12-30

View the full empirical analysis of this case →

¶1Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., Tampa, for appellee.

¶3GRIMES, Judge.

¶4Appellant, a juvenile at the time of the offense with which he was charged, was prosecuted and convicted as an adult. He contends on appeal that the trial court erred in sentencing him without following the procedures set out in section 39.111(6), Florida Statutes (1979).

¶5Section 39.111(6)(a) requires that a trial court, when imposing adult sanctions on a juvenile convicted of a crime, receive and consider a predisposition report prepared by Department of Health and Rehabilitative *1067 Services. The record here reveals that the trial judge failed to receive and consider such a report, and the statute clearly states that the guidelines to be followed are to be deemed mandatory. § 39.111(6)(j). The existence of a PSI prepared by the Department of Corrections did not suffice because the purpose of a predisposition report is somewhat different than that of a PSI, and the two reports are prepared by different departments having different perspectives.

¶6We affirm the judgment of the trial court but vacate the sentence and remand for resentencing pursuant to the provisions of section 39.111(6)(a), Florida Statutes (1979). Proctor v. State,373 So.2d 450 (Fla. 2d DCA 1979); Johnson v. State,371 So.2d 556 (Fla. 2d DCA 1979).

¶7HOBSON, A.C.J., and SCHOONOVER, J., concur.

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