This is an appeal by the defendant Ishan Sanders from judgments of conviction and sentences for robbery with a firearm, burglary of a conveyance, and attempted second-degree murder. We affirm the judgments of conviction, but reverse the sentences and remand for resentencing.
First, we agree that the trial court erred in allowing the state to argue, in effect, to the jury, over objection, that one of the criminal perpetrators in this case [Patrick Newton] necessarily implicated the defendant in this crime during a conversation with the police. There was utterly no evidence at trial to support such an argument because the content of the conversation was not introduced in evidence as it concededly amounted to inadmissible hearsay. It is well established that the state is prohibited from commenting on matters outside the evidence produced at trial. Huff v. State,
Although the defendant has made a strong argument to the contrary, we are convinced beyond a reasonable doubt that the error in allowing this argument did not contribute to the verdict. State v. DiGuilio,
Second, the trial court did not, as urged, commit reversible error in responding in writing to the jury’s requests for additional instructions during the jury’s deliberations. Although Fla.R.Crim.P. 3.410 requires that the trial judge give such requested additional instructions to the jury in open court rather than in writing, the error was not preserved by a proper defense objection to this procedure; moreover, the error, even if it had been preserved, was entirely harmless as it is clear beyond a reasonable doubt that it in no way contributed to the verdict. Hildwin v. State,
Finally, in accord with the state’s confession of error, which we accept, we conclude the trial court committed a fundamental error in sentencing the defendant as an adult (1) without considering each of the criteria for determining the suitability of adult sanctions as provided in Section 39.-059(7)(c), (d), Florida Statutes (1991), and (2) without entering a written order containing findings of fact and reasons for imposing adult sanctions. Troutman v. State,
The final judgments of conviction under review are affirmed. The sentences under review are, however, reversed, and the cause is remanded to the trial court with directions to resentence the defendant in accord with Section 39.059(7), Florida Statutes (1991).
Affirmed in part; reversed in part.
