Bell v. State, 598 So. 2d 203

PER CURIAM.

The trial court erred in sentencing this appellant by failing to comply with section 39.059(7)(c), Florida Statutes (1991). Specifically, the trial court must address each of the statutory criteria in a written order. See Riley v. State, 588 So.2d 1035 (Fla. 4th DCA 1991); Kohler v. State, 588 So.2d 689 (Fla. 4th DCA 1991); Flowers v. State, 546 So.2d 782 (Fla. 4th DCA 1989). We remand for resentencing in accordance with the statute.

We also note that the judgment indicates that appellant is being sentenced as a youthful offender in accordance with section 958.04, Florida Statutes (1989), yet his sentence far exceeds the maximum allowable under that statute. On remand, if after consideration of all of the criteria under section 39.059(7)(c) the trial court enters the same sentence, it should correct the judgment to delete what appears to be a clerical error that the defendant is sentenced as a youthful offender.

STONE, WARNER and POLEN, JJ., concur.

Case Details

Case Name: Bell v. State

Court Name: District Court of Appeal of Florida

Date Published: May 6, 1992

Citations: 598 So. 2d 203; 1992 WL 91413; 91-1067

Docket Number: 91-1067

Court Abbreviation: Fla. Dist. Ct. App.