Duke v. State

Summary

The court affirmed the convictions and sentences of Steven Duke for sexual battery and Mary Sue Duke for aiding and abetting sexual battery. It held that an indictment of a juvenile for an offense punishable by death or life imprisonment does not constitute a transfer requiring compliance with Florida Statutes section 39.111(6), and certified the issue to the Florida Supreme Court as a matter of great public importance.

Holdings

1. An indictment for an offense punishable by death or life imprisonment does not constitute a 'transfer' within the meaning of section 39.02(6), Florida Statutes (1985).
2. The trial court did not err in treating Mary Sue Duke as an adult without making the written findings required by section 39.111(6), because her indictment for a life felony did not constitute a statutory transfer.
3. Steven Duke's conviction and sentence were affirmed because the court found no merit in the issues raised on appeal.

Questions Presented

1. Whether the issues raised by Steven Duke warranted reversal of his conviction and sentence for sexual battery.
2. Whether a juvenile charged by indictment with an offense punishable by death or life imprisonment has been 'transferred' for purposes of section 39.111(6), Florida Statutes (1985), thereby requiring consideration of a predisposition report, statutory adult-sanction criteria, and written findings.
3. Whether the trial court erred by treating Mary Sue Duke as an adult without making the written findings required by section 39.111(6).

Disposition

affirmed