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661 So. 2d 29

Aguirre v. State

District Court of Appeal of Florida

Decided December 28, 1994

District Court of Appeal of Florida · decided 1994-12-28

Cited by 1 later decisions — most recently August 1996

1 state decisions

Relies on Edler v. State · 680 So. 2d 528 - Whitaker v. Department of Ins. and Treasurer · 632 So. 2d 181 - McCoy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-28

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¶1The defendant, Alberto Aguirre, appeals his judgments and sentences for first degree burglary while armed, grand theft, and grand theft of a firearm.1 We find merit only in his contention that the trial court failed to comply with the strict standard set forth in Troutman v. State, 680 So.2d 528, 531 (Fla. 1993). Because Troutmanrequires that the trial court give an individualized evaluation of how the defendant fits within the criteria of section 39.059(7)(e), Florida Statutes (1993), before imposing an adult sentence, we are compelled to remand for resentencing. Comparing the oral and written reasons given in Troutmanwith those given by the trial court here, we conclude that the reasons given here are equally conclusory and merely track the language of the statutory criteria. See, e.g., McCoy v. State, 632 So.2d 181 (Fla. 5th DCA 1994). Moreover, the written findings were issued seven days after sentencing.

¶2Accordingly, we affirm the convictions but reverse and remand for resentencing. On remand, the trial court may again sentence the defendant as an adult provided that it strictly complies with section 39.059(7)(e). See Troutman, 630 So.2d 528.

¶3Reversed and remanded.

DANAHY, A.C.J., and SCHOONOVER, J., concur.

¶4. §§ 810.02 and 812.014(2)(c)l and 3, Fla.Stat. (1991).

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