The 2023 Florida Statutes (including Special Session C)
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. . . Section 985.565, Florida Statutes (2016), addresses sentencing powers and disposition alternatives for . . . Section 985.565(4)(b) allows the court to impose juvenile sanctions in some cases. . . . In this case, Dorcely was sentenced under section 985.565(4)(b) to juvenile probation. . . . Here, Dorcely had two evidentiary hearings: an unsuitability hearing under section 985.565(4)(c), and . . . a resentencing hearing under section 985.565(3). . . .
. . . Citing to section 985.565(4)(c) of the Florida Statutes, the written plea agreement expressly states . . . Months later, in December of 2015, the State, pursuant to section 985.565(4)(c), filed a request in case . . . The relevant statute - section 985.565(4)(c) The Florida Legislature has provided a specific statutory . . . Because we recognize that juvenile sanction revocation proceedings conducted under section 985.565(4) . . . which is the first of the listed grounds for finding a juvenile not suitable for juvenile sanctions. § 985.565 . . .
. . . adult for any subsequent violation of state law, unless the court imposes juvenile sanctions under s. 985.565 . . .
. . . P. 3.710(a); § 985.565(3)(c), Florida Statutes (2017); see, e.g., Barber v. . . .
. . . Prior to the enactment of section 985.565(4)(a)4, Florida Statutes (2014), Florida law required transparency . . . enumerate the criteria in this subsection as any basis for its decision to impose adult sanctions.” § 985.565 . . . In this case, as the majority notes, the presumption that section 985.565(4)(a)4 is constitutional carries . . . He appeals his sentence, arguing that section 985.565, Florida Statutes (2016) is unconstitutional because . . . As such, section 985.565 gives the trial court the power to impose adult sanctions on juveniles charged . . .
. . . Under section 985.565(4)(b), Florida Statutes (2012), a criminal court may impose the following sanctions . . . together, or (2) under section 985.565(4)(b)3. . . . with appellant’s interpretation of section 985.565(4)(b)3. . . . Here, the trial court properly ordered disposition under section 985.565(4)(b)3. . . . together, or (2) under section 985.565(4)(b)3. . . .
. . . This hearing should be guided by the teaching in Miller and by §§ 985.556 and 985.565, Fla. . . . the offender [by the use of procedures, services, and facilities currently available to the court.] 985.565 . . .
. . . sanctions because the court never considered the propriety of juvenile sanctions, as required by section 985.565 . . .
. . . Section 985.565, Florida Statutes (2008), provides sentencing procedures and alternatives for juveniles . . . Compare § 985.565(4)(a)(4) (“Any sentence imposing adult sanctions is presumed appropriate, and the court . . .
. . . However, Section 985.565(4)(c), Florida Statutes, allows a “court [to] revoke the previous adjudication . . .
. . . As a juvenile under this section. § 985.565(4)(a). . . . (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). . . . 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 . . .
. . . See § 985.565(3)(a), Fla. Stat. (2007). In all other respects, we affirm. Reversed and Remanded. . . .
. . . that the trial court failed to properly consider the criteria for imposing adult sanctions in section 985.565 . . . 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, which provides the . . . Section 985.565(4)(a)4. provides that any sentence imposing adult sanctions is presumed appropriate and . . . this case, the trial court’s findings demonstrate that it considered the criteria specified in section 985.565 . . .
. . . Further, trial judges have discretion under section 985.565(4)(a)(2), Florida Statutes (2006), to sentence . . .