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573 So. 2d 451

Thompkin v. State

District Court of Appeal of Florida

Decided February 6, 1991

District Court of Appeal of Florida · decided 1991-02-06

Relies on 444 So. 2d 947 - Jenkins v. State · 519 So. 2d 618 - Mays v. State · 501 So. 2d 192 - Posey v. State

Decided 1991-02-06

PER CURIAM.

¶1We affirm appellant’s conviction but reverse his sentence and remand for resen-tencing. The trial court’s order pursuant to section 39.111(7), Florida Statutes (1989) was deficient in addressing all of the statutory criteria. In particular, with respect to criterion 4, addressing the juvenile’s sophistication and maturity, the sole reference to past criminal behavior without addressing the other statutory criteria listed in section 39.111(7)(c)4 is inadequate. Flowers v. State, 546 So.2d 782 (Fla. 4th DCA 1989); Posey v. State, 501 So.2d 192 (Fla. 5th DCA 1987). See also Martin v. State, 547 So.2d 998 (Fla. 1st DCA 1989).

¶2We also reverse the imposition of costs and remand for a determination of ability to pay. Mays v. State, 519 So.2d 618 (Fla.1988) and Jenkins v. State, 444 So.2d 947 (Fla.1984). However, we certify the same question certified in Beasley v. State, 565 So.2d 721 (Fla. 4th DCA 1990).

DELL and WARNER, JJ., and WALDEN, JAMES H., (Retired) Associate Judge, concur.
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