678 So. 2d 486 | Fla. Dist. Ct. App. | 1996
Clarkson was convicted of second degree murder with a firearm. He was a juvenile at the time of the offense and argues on appeal that the trial court, in sentencing him, failed to evaluate the statutory criteria propounded in section 39.059(7)(c), Florida Statutes (Supp.1994).
The state responds that the requirement for such specific findings was negated by the enactment of section 39.059(7)(d), Florida Statutes (1995),
In the case of Street v. State, 665 So.2d 359 (Fla. 5th DCA 1995), we held that offenses committed prior to October 1,1994, were still subject to the statutory requirement of specific findings as set forth in subsection (c) of the applicable statute cited above. Upon further reflection, we agree with the position of the First and Fourth District Courts that the 1994 amendment was procedural and applies retroactively. Accordingly, we recede from Street to the extent of conflict with that case.
AFFIRMED.
. The pertinent section provides: "[T]he court is not required to set forth specific findings or enumerate the criteria in this subsection as any basis for its decision to impose adult standards.”