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Gammage v. State

District Court of Appeal of Florida, Fourth District
May 17, 1995
655 So. 2d 183 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-3705.

May 17, 1995.

Appeal from the Circuit Court of Palm Beach County; Stephen A. Rapp, Judge.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellee.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


ON MOTION FOR CLARIFICATION


We grant appellant's motion for clarification and substitute the following opinion for our opinion filed March 29, 1995.

We affirm appellant's conviction of strongarm robbery, but reverse his adult sentence because the trial court did not consider the factors set forth in section 39.059(7), Florida Statutes (1993), and failed to make any findings in regard to those factors — both of which are necessary when sentencing a juvenile as an adult. Troutman v. State, 630 So.2d 528 (Fla. 1993).

Affirmed in part and reversed in part.

DELL, C.J., and WARNER and KLEIN, JJ., concur.


Summaries of

Gammage v. State

District Court of Appeal of Florida, Fourth District
May 17, 1995
655 So. 2d 183 (Fla. Dist. Ct. App. 1995)
Case details for

Gammage v. State

Case Details

Full title:ROBERT LEE GAMMAGE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 17, 1995

Citations

655 So. 2d 183 (Fla. Dist. Ct. App. 1995)

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