MARION WADE PENDARVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAUKSCH, Chief Judge.
This is an appeal from a sentence which was not in accordance with section 39.-111(6), Florida Statutes (1979), which requires certain benefits be afforded juveniles appearing in adult criminal court. Ordinarily, the failure to comply with this section would cause us to reverse the sentence and remand the matter for resentencing. But here it is clear from the record the sentence was the result of a plea bargaining process agreed to by the parties and the judge and clearly not an otherwise illegal sentence. Of course, appellant did not object below. We would be hard put to try to explain to the trial judge where he erred when he did everything everyone, except appellate counsel, agreed to. Compare Austin v. State, 400 So. 2d 495 (Fla. 5th DCA 1981), issued this date.
AFFIRMED.
ORFINGER and COWART, JJ., concur.
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Lang v. State, 566 So. 2d 1354 (Fla. 5th DCA 1990)…ke adequate findings on each as required by Rhoden. Prior to Rhoden, this court held that when a juvenile is sentenced as a result of a plea agreement, the trial judge does not have to satisfy the requirements of section 39.111. Pendarvis v. State, 400 So. 2d 494 (Fla. 5th DCA 1981). After Rhoden, the First District Court of Appeal, in Broome v. State, 466 So. 2d 1271, 1272 (Fla. 1st DCA 1985), indicated that it could agree with this court’s decision in Pendarvis if the juvenile had negotiated for a “sentenc…1 / 2
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Peak v. State, 399 So. 2d 1043 (Fla. 5th DCA 1981)…l is dismissed, but without prejudice to the right of appellant to seek appropriate relief in the trial court. Appeal DISMISSED. SHARP, W., and COWART, JJ., concur. . Fla.R.Cr.P. 3.172(c)(iv); Fla.R.App.P. 9.140 (b)(1). . Cf. Pendarvis v. State, 400 So. 2d 494 (Fla. 5th DCA 1981).…
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Glenn v. State, 411 So. 2d 1367 (Fla. 5th DCA 1982)…ause of failure to comply with section 39.111 by stating that the appellants were without prejudice to apply to the trial court for relief pursuant to Florida Rule of Criminal Procedure 3.850. This is consistent with our views in Pendarvis v. State, 400 So. 2d 494 (Fla. 5th DCA 1981) where we said: Ordinarily, the failure to comply with this section [39.111(6)] would cause us to reverse the sentence and remand the matter for resentencing. But here it is clear from the record the sentence was the result of a…
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- Austin v. State, 400 So. 2d 495 (Fla. 5th DCA 1981)