Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ADAM JOLLY, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

WIGGINTON, Judge.

Appellant, 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 resentencing 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.

In 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.

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

MILLS and SHIVERS, JJ., concur.

Use AI to get other relevant cases.

Comments

JOLLY v. STATE
(Aug 28, 1984)