Dixon v. StateDixon v. State
The judgments of conviction and sentences under review are affirmed upon a holding that: (a) the defendant, a juvenile, voluntarily entered into a plea negotiation agreement below wherein he pled nolo contendere to the charges and agreed that the court would order a pre-sentence investigation report and thereafter sentence him to no more than five years imprisonment, (b) the defendant was sentenced in accord with the plea negotiation agreement to five years imprisonment (concurrent terms on both charges) after the court reviewed a pre-sentence investigation report ordered in the case, and (c) by voluntarily agreeing to be sentenced as an adult and by not properly objecting to the imposition of sentence below, the defendant has waived his procedural right to written trial court findings on the suitability of adult sanctions,
Affirmed.
ON REHEARING
The defendant has filed a motion for rehearing in which he relies on State v. Rhoden, 448 So.2d 1013 (Fla. 1984), and Rathbone v. State, 448 So.2d 85 (Fla. 2d DCA 1984) [decided subsequent to our original decision in this cause] for the proposition that it is fundamental error for a trial court to impose adult sanctions on a juvenile defendant without making written trial court findings on the suitability of adult sanctions as required by
Affirmed in part; reversed in part and remanded.