PADILLA v. STATE

No. 92-2299.

622 So.2d 160 (1993)

Steven PADILLA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 11, 1993.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant first argues, and the state concedes, that the trial court illegally sentenced him as an adult because the court did not follow the statutorily mandated procedure set forth in section 39.059(7), Florida Statutes (1991). We agree and reverse.

The statute applies in all instances where a child has been found to violate the law; it does not distinguish between misdemeanor and felony offenses. Section 39.059(7) requires the trial court to...

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