Florida District Courts of Appeal, 1989

Pendleton v. State

Pendleton v. State
Florida District Courts of Appeal · Decided May 25, 1989 · Joanos, Thompson, Zehmer
543 So. 2d 459; 14 Fla. L. Weekly 1286; 1989 Fla. App. LEXIS 3032; 1989 WL 57844 (Southern Reporter, Second Series)

Pendleton v. State

Opinion of the Court

PER CURIAM.

Appellant seeks review of his sentence, alleging the trial court failed to comply with § 39.111(7), Florida Statutes, which requires the consideration of six criteria before the suitability or not of adult sanctions is determined. In its answer brief, appellee concedes that appellant is entitled to resentencing in accordance with § 39.111(7), Florida Statutes.

Pursuant to Rule 9.315(b), Florida Rules of Appellate Procedure, we reverse. The sentence is vacated and this cause is remanded for resentencing. On remand, the trial court shall afford appellant adequate notice and the opportunity to object to the imposition of court costs. Jenkins v. State, 444 So.2d 947 (Fla. 1984).

JOANOS, THOMPSON and ZEHMER, JJ., concur.

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