History
  • No items yet
midpage
Messam v. State
640 So. 2d 162
Fla. Dist. Ct. App.
1994
Check Treatment
W. SHARP, Judge.

We affirm Messam’s convictions, but vacate the sentences he received as an adult. The trial judge entered a written order which explained in a conclusory way, why the judge thought Messam should be sentenced as an adult, rather than as a juvenile. The order is a printed form, on which the judge has penned his initials and made checkmarks in some blanks. The judge made no individualized findings relating to Messam, these crimes, or Messam’s prior record, although during the sentencing hearing the judge orally stated adequate findings to support his decision.

The form findings entered m this case are legally insufficient to comply with the statutory mandate of section 39.059(7)(e), Florida Statutes (1991), as defined in Troutman v. State, 630 So.2d 528 (Fla.1993). See also McCoy v. State, 632 So.2d 181 (Fla. 5th DCA 1994). We have no alternative but to vacate the sentence and remand this case for resen-tencing. On remand, the trial judge may impose adult sanctions after making the individualized written findings required by the statute.

*163AFFIRM in part; VACATE SENTENCES; REMAND.

DAUKSCH and GOSHORN, JJ., concur.

Case Details

Case Name: Messam v. State
Court Name: District Court of Appeal of Florida
Date Published: Jul 29, 1994
Citation: 640 So. 2d 162
Docket Number: No. 93-1913
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.