Public-domain · open source
OpenJurist

454 So. 2d 45

454 So.2d 45

9 Fla.L.Weekly 1701

Jolly v. State

District Court of Appeal of Florida · decided 1984-08-07

Cited by 2 later decisions — most recently October 1984

2 state decisions

Relies on 448 So. 2d 1013 - State v. Rhoden

Good law ✅— No negative treatment on recordhow we know

Decided 1984-08-07

View the full empirical analysis of this case →

WIGGINTON, Judge.

¶1Appellant, who was a juvenile at the time of the commission of a criminal offense, asserts error in the trial judge’s failure to follow the juvenile sentencing provisions of section 39.111(6), Florida Statutes (1981). Although appellant voiced no objection to that failure in the trial court, we are compelled to reverse and remand for resentenc-ing in light of the recent decision by the Florida Supreme Court in State v. Rhoden, 448 So.2d 1013 .(Fla.1984), in which the court declared:

We hold that the provisions of section 39.111(6) must be followed by a trial judge in sentencing a juvenile as an adult, and the failure to do so requires a remand for resentencing.

¶2In Rhoden, the court rejected the state’s argument that the respondent’s failure to object to the trial court’s failure to follow the statute precluded appellate review of that issue.

¶3We reverse and remand to the trial coúrt for resentencing in compliance with the provisions of section 39.111(6), Florida Statutes (1981).

MILLS and SHIVERS, JJ., concur.
/454/so2d/45 · .json · Public domain