Townsend v. State, MM-216
| Decision Date | 19 November 1980 |
| Docket Number | No. MM-216,MM-216 |
| Citation | 398 So.2d 829 |
| Parties | Kilven TOWNSEND, Appellant, v. STATE of Florida, Appellee. /T1-26. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender and Ronald K. Zimmet, Chief, Appellate Division, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.
As a result of a "plea bargain" appellant entered a nolo contendere plea to two counts of burglary and attempted burglary. He was adjudicated by the circuit court and committed for two years to the Department of Offender Rehabilitation of Florida. He specifically reserved his right to appeal the court's denial of his motion to dismiss on the grounds the court lacked jurisdiction to adjudicate and sentence him as an "adult" because he was only 14 years old at the time the offenses were committed, and the juvenile court order of transferal "waiving" him over to the adult criminal system 1 contained no findings of fact nor statement of reasons to justify the transfer. 2
The transfer order, dated June 14, 1978, was a "form" containing blanks to be filled in with the defendant's name, the crimes with which he was charged, and the date. The printed form portion of the order recited "there is probable cause to believe that said child is guilty of such offenses and that it is in the best interest of the public welfare that said child be transferred to the custody of the Sheriff of Marion County, Florida, to be dealt with as an adult...."
At the waiver hearing the attorneys stipulated that probable cause was established on two charges of burglary and larceny of firearms. The Waiver Hearing Report filed by the Department of Health & Rehabilitative Services detailed the defendant's anti-social behavior and poor background and the parties agreed to its accuracy. The defendant had a long history of criminal offenses, commencing when he was eleven years old. They included armed robbery, assault and battery, larceny and criminal mischief. He was placed on probation and committed for a 6 month period to a state training school. The counselor said the defendant's prognosis for rehabilitation in a state training school was "poor" but she recommended against waiver because of the defendant's young age, small size, immaturity, and low intelligence. She felt he was unable to understand the seriousness of his offenses. The state argued the defendant was "hiding behind" the juvenile system and was contemptuous of society and authority as shown by his school record and his criminal behavior. Appellant confessed to stealing firearms, but refused to say what he did with them.
At the time the waiver hearing was held in this case, section 39.09(2)(c), Florida Statutes (1977) stated:
The court shall conduct a hearing on all such motions for the purpose of determining whether a child should be transferred. In making its determination the court shall consider:
1. The seriousness of the alleged offense to the community and whether the protection of the community requires waiver.
2. Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner.
3. Whether the alleged offense was against persons or against property, greater weight being given to offenses against persons, especially if personal injury resulted.
4. The prosecutive merit of the complaint, i. e., whether there is evidence upon which a grand jury may be expected to return an indictment.
5. The desirability of trial and disposition of the entire offense in one court when the juvenile's associates in the alleged crime are adults who will be charged with a crime.
6. The sophistication and maturity of the juvenile, as determined by consideration of his home, environmental situation, emotional attitude, and pattern of living.
7. The record and previous history of the juvenile, including previous contacts with the Division of Youth Services, other law enforcement agencies, and courts, prior period of probation or prior commitments to juvenile institutions.
8. The prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile, if he is found to have committed the alleged offenses, by the use of procedures, services, and facilities currently available to the...
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State ex rel. Alton v. Conkling
...to consider these to be appealable non-final orders. E.g., R.J.B. v. State, 394 So.2d 126 (Fla. 5th DCA 1980); accord, Townsend v. State, 398 So.2d 829 (Fla. 5th DCA 1980). The supreme court specifically approved these holdings, R.J.B. v. State, 408 So.2d 1048 (Fla.1982), declaring that the......
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Kazakoff v. State
...undisturbed the appellant's pleas of guilty. Accord Lurry v. State, 424 So.2d 868 (Fla. 4th DCA 1982). Finally, in Townsend v. State, 398 So.2d 829 (Fla. 5th DCA 1980), the court construed the same statutory section at issue in Woods. Citing to Woods, it concluded that the transfer order di......
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D.W., In Interest of, 92-1371
...consideration in the event of adjudication and sentencing. See Leonard v. State, 522 So.2d 543 (Fla. 4th DCA 1988); Townsend v. State, 398 So.2d 829 (Fla. 5th DCA 1980). GLICKSTEIN, C.J., and LETTS and GUNTHER, JJ., ...