Troutman v. State, 92-298

• Citation: 603 So.2d 608
• Decision Date: 29 July 1992
• Docket Number: No. 92-298,92-298
• Parties: Antonio TROUTMAN, Appellant, v. STATE of Florida, Appellee. 603 So.2d 608, 17 Fla. L. Week. D1851
• Court: Court of Appeal of Florida (US)

Page 608

603 So.2d 608

Antonio TROUTMAN, Appellant, v. STATE of Florida, Appellee.

No. 92-298.

603 So.2d 608, 17 Fla. L. Week. D1851

District Court of Appeal of Florida,

First District.

July 29, 1992.

Rehearing Denied Sept. 14, 1992.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Wendy S. Morris, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Chief Judge.

Appellant seeks reversal of the imposition of adult sanctions, on grounds that the trial court failed to consider all of the factors enumerated in section 39.059(7)(c), Florida Statutes (1991). We affirm.

Appellant was charged initially with kidnapping to facilitate a felony, grand theft auto, and aggravated assault with a deadly weapon. Subsequently, he pled nolo contendere to the offenses of false imprisonment and grand theft. These charges arose from an incident in which appellant approached the victim as she was entering her vehicle. He detained the victim with a question, then brandished a large pair of scissors, and informed her that he was going with her. Appellant forced his way into the victim's vehicle, and took her keys. As he attempted to start the vehicle, the victim eluded him and sought help. Appellant was observed fleeing the scene, and was later contacted at his home.

At the sentencing proceeding, the victim provided the court with an account of appellant's conduct since the charged offenses. This account indicated that appellant was enjoying the notoriety generated by his actions, including the nickname "Scissorhands" applied by his peers. The assistant state attorney recited the statutory requirements when imposing adult sanctions in a juvenile proceeding, addressed the serious nature of the instant offense with reference to those requirements, and noted the similarity of the offense in this case to an encounter between appellant and another woman which had taken place the day before this incident.

The trial court noted that appellant had no prior record, but in view of the serious nature of appellant's conduct, the court was persuaded that juvenile sanctions were inadequate to impress upon him the consequences of his actions. The court announced its intention to treat appellant as an adult. Adjudication of guilt was withheld, and the trial court placed appellant on probation for three years. In so doing, the court cautioned appellant that a violation of probation would result in an adjudication of guilt, and thus a criminal record. A written order articulating rationale for imposing adult sanctions was filed three days later.

Prior to a determination whether adult sanctions should be imposed upon a juvenile, the trial court is required to consider the six criteria enumerated in section 39.059(7)(c), Florida Statutes (1991). See State v. Rhoden, 448 So.2d 1013 (Fla.1984). The decision to impose adult sanctions must be supported by a written order or a transcript containing the requisite findings of fact and reasons for imposing adult sanctions. Hodgson v. State, 590 So.2d 33 (Fla. 1st DCA 1992); Martin v. State, 547 So.2d 998, 999-1000 (Fla. 1st DCA 1989); Stickles v. State, 579 So.2d 878, 879 (Fla. 2d DCA 1991). Failure to address even one of the criteria requires reversal and remand. Taylor v. State, 593 So.2d 1147, 1148 (Fla. 1st DCA 1992).

Application of the six enumerated criteria to the trial court's written order setting forth reasons for imposing adult sanctions indicates that in this case the court considered each factor, albeit not in the express language of the statute. ¹ Rather, the factors were addressed briefly but appropriately in the written order with reference to the factual context of this case. For example, factor three, pertaining to whether the offense was against persons or property, was addressed in the court's oral remarks at sentencing and in the written order, by a reference to the premeditated and willful manner in which the primary charge, false imprisonment, was perpetrated. We conclude that a reading in pari materia of the sentencing transcript and the written order demonstrates sufficient, as opposed to rote, compliance with the requirements of section 39.059(7)(c).

Accordingly, the imposition of adult sanctions is...