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544 So. 2d 1077

Docket No. 88-02254.

Reed v. State

Anthony W. REED, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1989-06-09

Cited by 4 later decisions — most recently October 1991

4 state decisions

Relies on 381 So. 2d 1361 - State v. Cain · 373 So. 2d 450 - Proctor v. State · Eady v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-06-09

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¶1James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

¶3THREADGILL, Judge.

¶4The appellant, a juvenile, challenges his sentence as an adult on grounds that the trial court failed to determine his suitability for adult sanctions and failed to enter a written order setting forth specific findings supporting the imposition of adult sanctions as required by section 39.111(7)(c) and (d), Florida Statutes (1988). We reverse.

¶5In Eady v. State,388 So.2d 9 (Fla.2d DCA 1980), this court held that even where, as here, a direct information is filed against a juvenile pursuant to section 39.04(2)(e)(4), the trial court is still required to make findings of fact pursuant to the statutory criteria. The direct filing of an information does not constitute an abandonment of rehabilitative efforts on behalf of the juvenile. State v. Cain,381 So.2d 1361 (Fla. 1980). Moreover, failure to comply with the safeguards of the statute is harmful error. Proctor v. State,373 So.2d 450 (Fla.2d DCA 1979).

¶6Accordingly, we reverse the appellant's sentence and remand for resentencing pursuant to section 39.111. See Dix v. State,533 So.2d 1189 (Fla.2d DCA 1988). If adult sanctions are again imposed, the trial court *1078 is directed to make the required finding in writing.

¶7Reversed and remanded.

¶8SCHEB, A.C.J., and HALL, J., concur.

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