CopyCited 57 times | Published | Supreme Court of Florida | 2008 WL 248413
...s added.) [6] Section
958.03(5), Florida Statutes (2006), defines "youthful offender" as "any person who is sentenced as such by the court or is classified as such by the department pursuant to s.
958.04." Further, trial judges have discretion under section
985.565(4)(a)(2), Florida Statutes (2006), to sentence defendants who qualify as youthful offenders either as adults, as youthful offenders, or as juveniles: If a child who has been transferred for criminal prosecution pursuant to information...
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 2094, 2010 WL 624179
...Mirutil argues that the trial court erred by sentencing him based on testimony concerning his subsequent arrests. The State maintains that "the statute doesn't require a conviction.... It doesn't say that he needs to be convicted of the new offense, just that he committed a new violation of law." However, Section 985.565(4)(c), Florida Statutes, allows a "court [to] revoke the previous adjudication, impose an adjudication of guilt, and impose any sentence which it may lawfully impose ......
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2017 WL 1492989, 2017 Fla. App. LEXIS 5789
...Juvenile appellant Jorge Luis Mendoza-Magadan was charged and sentenced as an adult for one count of battery on a law enforcement officer, one count of resisting an officer with violence, and one count of resisting an officer without violence. He appeals his sentence, arguing that section 985.565, Florida Statutes (2016) is unconstitutional because it does not require the trial court to make specific findings in support of its decision to impose adult sanctions on a juvenile charged as an *113 adult....
...The Florida Legislature has found “that certain juveniles have committed a sufficient number of criminal acts, including acts involving violence to persons, to represent sufficient danger to the community to warrant sentencing and placement within the adult system.” §
985.02(4)(b), Fla. Stat. (2016). As such, section
985.565 gives the trial court the power to impose adult sanctions on juveniles charged as adults....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 WL 18677
...Bill McCollum, Attorney General, Tallahassee, and Katherine Y. Mclntire, Assistant Attorney General, West Palm Beach, for appellee. DAMOORGIAN, J. We reverse Conaway's sentences and remand for the trial court to receive and consider a presentence investigation report before re-sentencing Conaway. See § 985.565(3)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 130276, 2012 Fla. App. LEXIS 536
...Arrington’s harsh sentence is mandatory exclusively because of his indictment by a grand jury. See §§
985.56, .565, Fla. Stat. (2006). If the charge had been filed by information, the trial court would have had alternative sentencing options. See §
985.565(4)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 12248, 2011 WL 3331232
...s granting of post-conviction relief. In his motion for post-conviction relief, Appellant had claimed that the trial court illegally imposed the adult sanctions because the court never considered the propriety of juvenile sanctions, as required by section 985.565(4)(a)2., Florida Statutes....
CopyPublished | Florida 4th District Court of Appeal
...were violated when the court found him unsuitable for juvenile sanctions,
revoked his juvenile probation, and resentenced him as an adult. We
affirm the lower court’s orders in all respects and write to address the
propriety of the proceedings conducted below.
Section 985.565, Florida Statutes (2016), addresses sentencing powers
and disposition alternatives for children prosecuted as adults. Section
985.565(4)(b) allows the court to impose juvenile sanctions in some cases.
If juvenile sanctions fail, however, section 985.565(4)(c) allows the court
to “revoke the previous adjudication, impose an adjudication of guilt, and
impose any sentence which it may lawfully impose . . . . ”
In this case, Dorcely was sentenced under section 985.565(4)(b) to
juvenile probation....
...Juvenile Justice (“DJJ”) found that Dorcely was non-compliant with the
court-ordered sanctions, demonstrated anti-social behaviors, and
displayed disregard for authority figures. The DJJ filed a violation report
and an “affidavit of unsuitability” under section 985.565(4)(c), alleging that
Dorcely was unsuitable for juvenile sanctions because he had violated the
terms of his juvenile probation.
Section 985.565(4)(c) requires “a hearing” and allows the court to find
a child unsuitable for juvenile sanctions “if the child commits a new
violation of law while under juvenile sanctions, if the child commits any
other violation of the condi...
...2d 486, 488
(Fla. 5th DCA 1992) (defendant entitled to adequate notice and opportunity
to obtain and prepare witnesses, notice to the parents, and an updated
predisposition report).
Here, Dorcely had two evidentiary hearings: an unsuitability hearing
under section 985.565(4)(c), and a resentencing hearing under section
985.565(3)....
...on of probation, the DJJ
had not concluded that he was unsuitable for all juvenile sanctions. We
find that the court’s order, revoking Dorcely’s juvenile sanction and
imposing an adult sentence, is supported by the plain, unambiguous
language of section 985.565....
...defense counsel. The department shall schedule a hearing
within 30 days. Upon hearing, the court may revoke the
previous adjudication, impose an adjudication of guilt, and
impose any sentence which it may lawfully impose . . . .
§ 985.565(4)(c) (emphasis added).
The plain language used by the Legislature reveals that the DJJ must
commence unsuitability proceedings when a child proves “not to be
suitable to a commitment program, juvenile probation program, or
treatment...
CopyPublished | Florida 4th District Court of Appeal
...were violated when the court found him unsuitable for juvenile sanctions,
revoked his juvenile sanction, and resentenced him as an adult. We affirm
the lower court’s orders in all respects and write to address the propriety
of the proceedings conducted below.
Section 985.565, Florida Statutes (2016), addresses sentencing powers
and disposition alternatives for children prosecuted as adults. Section
985.565(4)(b) allows the court to impose juvenile sanctions in some cases.
If juvenile sanctions fail, however, section 985.565(4)(c) allows the court
to “revoke the previous adjudication, impose an adjudication of guilt, and
impose any sentence which it may lawfully impose . . . . ”
In this case, Dorcely was sentenced under section 985.565(4)(b) to
juvenile probation....
...Juvenile Justice (“DJJ”) found that Dorcely was non-compliant with the
court-ordered sanctions, demonstrated anti-social behaviors, and
displayed disregard for authority figures. The DJJ filed a violation report
and an “affidavit of unsuitability” under section 985.565(4)(c), alleging that
Dorcely was unsuitable for juvenile sanctions because he had violated the
terms of his juvenile probation.
Section 985.565(4)(c) requires “a hearing” and allows the court to find
a child unsuitable for juvenile sanctions “if the child commits a new
violation of law while under juvenile sanctions, if the child commits any
other violation of the condi...
...2d 486, 488
(Fla. 5th DCA 1992) (defendant entitled to adequate notice and opportunity
to obtain and prepare witnesses, notice to the parents, and an updated
predisposition report).
Here, Dorcely had two evidentiary hearings: an unsuitability hearing
under section 985.565(4)(c), and a resentencing hearing under section
985.565(3)....
...We
1 Dorcely’s underlying offense was attempted armed robbery.
-2-
find that the court’s order, revoking Dorcely’s juvenile sanction and
imposing an adult sentence, is supported by the plain, unambiguous
language of section 985.565....
...defense counsel. The department shall schedule a hearing
within 30 days. Upon hearing, the court may revoke the
previous adjudication, impose an adjudication of guilt, and
impose any sentence which it may lawfully impose . . . .
§ 985.565(4)(c) (emphasis added).
The plain language used by the Legislature reveals that the DJJ must
commence unsuitability proceedings when a child proves “not to be
suitable to a commitment program, juvenile probation program, or
treatment...
CopyPublished | District Court of Appeal of Florida
J09-5114A and J10-1212. Citing to section
985.565(4)(c) of the Florida Statutes,2 the written
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 7710, 2011 WL 2119560
...ry. See §§
784.03(1), .08(2)(c),
812.13(2)(c), Fla. Stat. (2008). The trial court sentenced him to ten years in prison. Although tried as an adult, Mr. Henderson was sixteen when he committed the crimes. He now appeals his judgment and sentence. 1 Section
985.565, Florida Statutes (2008), provides sentencing procedures and alternatives for juveniles prosecuted as adults....
...The trial court did not offer a detailed explanation for not following the DJJ panel recommendation. However, Florida statutes no longer require the trial court to make specific findings of fact setting forth its reasons for imposing adult sanctions on a juvenile. Compare § 985.565(4)(a)(4) (“Any sentence imposing adult sanctions is presumed appropriate, and the court is not required to set forth specific findings or enumerate the criteria ....”) with former § 39.059(7)(d), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 2309012
...Nathaniel Beatty appeals his sentence as an adult for two counts of lewd and lascivious molestation upon a child in violation of section
800.04(5)(c), Florida Statutes (2005). He argues that the trial court failed to properly consider the criteria for imposing adult sanctions in section
985.565(1)(b), Florida Statutes (2006), and imposed an illegal sentence that exceeded the statutory maximum for a second-degree felony....
...obation officer with the Department of Juvenile Justice, Mr. Beatty's mother and Mr. Beatty. Beatty was seventeen years old at the time of his sentencing. The State requested Beatty be sentenced as an adult pursuant to the sentencing guidelines. See § 985.565(4)(a). The defense sought juvenile sanctions. The sentencing of a juvenile prosecuted as an adult is governed by section 985.565, *703 which provides the analytical framework for deciding whether, notwithstanding the prosecution of a juvenile in the adult system, juvenile sanctions are appropriate....
...sented by the defense is within the sentencing court's discretion. We do not find the trial court abused its discretion. The court did find a sufficient basis to impose a sentence that constituted a downward departure from the sentencing guidelines. Section 985.565(4)(a)4....
...provides that any sentence imposing adult sanctions is presumed appropriate and the court is not required to set forth specific findings or enumerate the criteria as a basis for its decision to impose adult sanctions. In this case, the trial court's findings demonstrate that it considered the criteria specified in section 985.565(1)(b) in making its decision to impose adult sanctions....
CopyPublished | District Court of Appeal of Florida
State,
205 So. 3d 584, 590 (Fla. 2016). Section
985.565, Florida Statutes (2018), provides the sentencing
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 60
...rge to three years in prison with credit for time served. On appeal, appellant argues that the original sentence of post-commitment probation was illegal because the trial court could not sentence him to both a commitment program and probation under section 985.565(4)(b), Florida Statutes (2012), without ordering a disposition hearing....
...1 The legality of a criminal sentence is reviewed de novo. State v. Valera,
75 So.3d 330, 331-32 (Fla. 4th DCA 2011). Likewise, issues of statutory interpretation are reviewed de novo. Therlonge v. State,
184 So.3d 1120, 1121 (Fla. 4th DCA 2015). Under section
985.565(4)(b), Florida Statutes (2012), a criminal court may impose the following sanctions upon adjudicating a child delinquent: (b) Juvenile sanctions.—For juveniles transferred to adult court ..., the court may impose juvenile sanctions under this paragraph....
...roval for discharge. 3. Order disposition under ss.
985.435,
985.437,-
985.439,
985.441,
985.45, and
985.455 as an alternative to youthful of-, fender or adult sentencing if the court •determines not to impose youthful offender or adult sanctions. §
985.565(4)(b), Fla....
...h the conjunction “and.” Appellant contends that these must be alternative sanctions because' otherwise the provisions of .the statute are duplicative. Appellant further argues that the court could impose a commitment followed by probation under section 985.565(4)(b)3, but .only if the court ordered a disposition hearing....
...985.” Id. Here, the probationary portion of appellant’s original sentence was not illegal. The *893 trial court was permitted to sentence appellant to a term of commitment followed by probation. This sentence was lawful either (1) under sections 985.565(4)(b)1 & 2, when those provisions are read together, or (2) under section 985.565(4)(b)3. Contrary to appellant’s argument, the options set forth in section 985.565(4)(b) are not mutually exclusive....
...Had the legislature intended that the trial court choose between a sentence of juvenile probation or commitment, the legislature could have easily said so. Accordingly, in light of the absence of statutory language indicating the options set forth in section 985.565(4)(b) are mutually exclusive, we must reject appellant’s argument. Moreover, appellant’s interpretation would be inconsistent with the compressive approach to juvenile justice prescribed in Chapter 985. Appellant further argues that, under section 985.565(4)(b)3, the trial court could impose both commitment and juvenile probation only if a disposition hearing was ordered. Even though we find that appellant’s sentence was authorized under sections 985.565(4)(b)1 & 2, we disagree with appellant’s interpretation of section 985.565(4)(b)3. Section 985.565(4)(b)3 authorizes the court to “order disposition” pursuant to the delineated statutory sections. Here, the trial court properly ordered disposition under section 985.565(4)(b)3. This subsection does not require the court to order a “disposition hearing.” Instead, the court is required to conduct a sentencing hearing under section 985.565(3) when a juvenile is being prosecuted as an adult....
...after “PSI”) unless the PSI is waived by the offender, and the court may impose either adult or juvenile sanctions. Here, appellant resolved his case by entering a plea in which he waived a PSI and accepted a disposition with juvenile sanctions. Section
985.565(4)(b)3 authorizes the court to sentence a juvenile to commitment followed by post-commitment probation. Section
985.435, one of the juvenile statutes cited in section
985.565(4)(b)3, expressly permits post-commitment probation....
...The disposition order states that the trial court approved a predisposition report. In sum, the trial court’s original sentence, which included post-commitment probation,- was not illegal. The court was authorized to sentence appellant to both a commitment program and probation under section 985.565(4)(b). This sentence was lawful either (1) under sections 985.565(4)(b)l & 2, when those provisions are read together, or (2) under section 985.565(4)(b)3....
CopyPublished | Supreme Court of Florida
...Accordingly, Lee is entitled to resentencing under
the juvenile sentencing provisions in chapter 2014-220.
We find Lee’s second claim without merit. The trial court may, but is not
required to under the rule or statute, order an updated PSI. See Fla. R. of Crim. P.
3.710(a); § 985.565(3)(c), Florida Statutes (2017); see, e.g., Barber v....
CopyPublished | Florida 4th District Court of Appeal
...Appellant, who was charged as an adult for crimes committed when he
was a juvenile, challenges his sentence on the ground that his pre-
sentence investigation report failed to include the recommendations from
the Department of Juvenile Justice as required by section 985.565(3),
Florida Statutes (2018)....
...The court
imposed all sentences concurrently. Defendant appealed the sentence.
During the pendency of the appeal, he filed a Florida Rule of Criminal
Procedure 3.800(b) motion attacking his sentence for failure of the PSI to
include recommendations from the DJJ as required by section
985.565(3)(a), Florida Statutes, which states that “The presentence
investigation report must include a comments section prepared by the
Department of Juvenile Justice, with its recommendations as to
disposition.” The State objected, contending that appellant had waived
any compliance with this provision. The court denied the motion,
prompting this appeal.
Section 985.565(4)(a)2., Florida Statutes (2018), provides “the court
may sentence [a child] who has been transferred for criminal prosecution
pursuant to information . . . [a.] As an adult; [b.] Under chapter 958 [as a
youthful offender]; or [c.] As a juvenile under this section.” For any
sentencing, however, the court shall receive a presentence report with
recommendations from the DJJ. Section 985.565(3) provides:
(a) At the sentencing hearing the court shall receive and
consider a presentence investigation report by the
Department of Corrections regarding the suitability of the
offender for disposition as an adult or as a juvenile....
...recommendation in a PSI is an error in the sentencing process, not an
error in the order imposing the sentence. The order imposing the lowest
permissible sentence under the Criminal Punishment Code was not illegal,
and no error in the sentence has been alleged. Section 985.565(4)(a)4.
provides that any sentence imposing adult sanctions is presumed
appropriate....
...See §
985.0301(5)(a), Fla. Stat.
(2018). It appears that the reason for comments from DJJ is to provide
information to the trial court on various statutory criteria which the court
must consider if it chooses to sentence a defendant as a juvenile. For
instance, pursuant to section
985.565(1)(b), the court must consider:
“prior commitments to the Department of Juvenile Justice, the former
Department of Health and Rehabilitative Services, the Department of
3
Children and Families, or other facilities or institutions ....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 3208, 2009 WL 996815
...and who has been previously adjudicated or had adjudication withheld for a forcible felony offense or any offense involving a firearm, or who has been previously placed in a residential commitment program, shall be subject to sentencing under s.
775.087(2)(a), notwithstanding s.
985.565. b.Charged under sub-subparagraph l.b. or sub-subparagraph l.c., shall be subject to sentencing under s.
775.087(2)(a), notwithstanding s.
985.565. 3. Upon transfer, any child who is charged under this paragraph, but who does not meet the requirements specified in subparagraph 2., shall be sentenced under s.
985.565; however, if the court imposes a juvenile sanction, the court must commit the child to a high-risk or maximum-risk juvenile facility. §
985.557(2)(d) (emphasis added). Under section
985.565, the sentencing alternatives available for a juvenile charged by mandatory direct-file information are as follows: 2....
...have committed a violation of state law or a lesser included offense for which he or she was charged as a part of the criminal episode, the court may sentence as follows: a. As an adult; b. Under chapter 958; or c. As a juvenile under this section. § 985.565(4)(a)....
...ction
775.087(2)(a), the 10/20/ Life statute, pursuant to section
985.557(2)(d)(2)(a); or *458 2. If the court found that Allen had not been previously adjudicated for an offense involving a firearm, it could sentence him: a. as an adult pursuant to section
985.565(4)(a)(2)(a); b. as a youthful offender pursuant to section
985.565(4)(a)(2)(b); or c. as a juvenile pursuant to section
985.565(4)(a)(2)(c). However, if the court chose to impose juvenile sanctions under section
985.565(4)(a)(2)(c), it was required to commit Allen to a high-risk or maximum-risk juvenile facility pursuant to section
985.557(2)(d)(3)....
...and who has been previously adjudicated or had adjudication withheld for a forcible felony offense or any offense involving a firearm, or who has been previously placed in a residential commitment program, shall be subject to sentencing under s.
775.087(2)(a), notwithstanding s.
985.565....
...ng that Allen did not have a prior adjudication for an offense involving a firearm must be affirmed. Accordingly, we reverse Allen’s sentence and remand for further proceedings. On remand, the trial court may sentence Allen as an adult pursuant to section
985.565(4)(a)(2)(a); as a youthful offender pursuant to section
985.565(4)(a)(2)(b); or as a juvenile pursuant to section
985.565(4)(a)(2)(c), but any juvenile sentence must be commitment to a high-risk or maximum-risk juvenile facility pursuant to section
985.557(2)(d)(3)....
