Public-domain · open source
OpenJurist

670 So. 2d 1111

Summers v. State

District Court of Appeal of Florida · decided 1996-03-27

Cited by 1 later decisions — most recently September 1996

1 state decisions

Key passage — most relied on by later courts

“IS THE FAILURE OF THE TRIAL COURT TO ENTER THE WRITTEN FINDINGS REQUIRED BY SECTION 39.059(7)(C), FLORIDA STATUTES (1991) AND TROUTMAN V STATU, 680 So.2d 528 (Fla.1993) COGNIZIBLE COL-' LATERALLY?”

quoted by 1 later decision, including 684 So. 2d 729 - Summers v. State

Relies on State v. Callaway · Davis v. State · 670 So. 2d 932 - DEPT. OF BANKING & FIN. v. Osborne Stern

Good law ✅— No negative treatment on recordhow we know

Decided 1996-03-27

View the full empirical analysis of this case →

PER CURIAM.

¶1Even though the State concedes that the trial court failed to consider in writing each of the statutory criteria for imposing adult sanctions on a juvenile, this case is affirmed on the reasoning of Davis v. State, 661 So.2d 1193 (Fla.1995), State v. Callaway, 658 So.2d 983 (Fla.1995), and Springer v. State, 660 So.2d 310 (Fla. 1st DCA 1995), cause dismissed, 670 So.2d 940 (Fla.1996).

¶2However, because, as in Springer, we recognize that there may be differences between the failure to enter a contemporaneous reason for a departure sentence and the failure to enter written findings justifying adult sanctions for a juvenile offender under section 39.059(7)(e) Florida Statutes (1991), we certify the same question that was certified in Springeras being one of great public importance:

¶3IS THE FAILURE OF THE TRIAL COURT TO ENTER THE WRITTEN FINDINGS REQUIRED BY SECTION 39.059(7)(C), FLORIDA STATUTES (1991) AND TROUTMAN V STATE, 630 S0.2D 528 (FLA1993) COGNIZABLE COLLATERALLY?

¶4Springer, 660 So.2d at 312.

¶5Affirmed, question certified.

¶6SCHWARTZ, C.J., and GODERICH, J., concur.

/670/so2d/1111 · .json · Public domain