Florida District Courts of Appeal, 1992

Shuh v. State

Shuh v. State
Florida District Courts of Appeal · Decided June 3, 1992 · Gunther, Letts, Stone
598 So. 2d 334; 1992 Fla. App. LEXIS 5829; 1992 WL 115765 (Southern Reporter, Second Series)

Shuh v. State

Opinion of the Court

PER CURIAM.

We reverse appellant’s sentence and remand for resentencing and a rehearing on the suitability of imposing an adult sentence on the appellant. The trial court erred by failing to reduce to writing its decision to impose adult sanctions. E.g., Ford v. State, 576 So.2d 440 (Fla. 4th DCA 1991); § 39.111(7)(d), Fla.Stat. (1989). Because they are now moot, we do not address the issues raised on appeal concerning the adequacy of the trial court’s oral findings.

LETTS and GUNTHER, JJ., concur. STONE, J., concurs specially with opinion.

Concurring Opinion

STONE, Judge,

concurring specially.

I concur in the opinion and add a suggestion that on remand, the trial court address subsection (6) of the statute more specifically. In my judgment, findings based solely on the trial court’s unsubstantiated personal opinion concerning the inadequacy of H.R.S. juvenile services in the county is a patently insufficient ground for determining an individual defendant’s prospects for rehabilitation.

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