MICHAEL RICHARD AUSTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
COWART, Judge.
Although appellant, a juvenile was tried in the criminal division of the circuit court upon a direct information pursuant to section 39.04(2)(e)4., Florida Statutes (1979), and was not “transferred” from the juvenile division pursuant to section 39.02(5)(a), Florida Statutes (1979), he was entitled to the sentencing benefits and procedure of section 39.111(6), Florida Statutes (1979), and section 958.05(2), Florida Statutes (1979). State v. Cain, 381 So. 2d 1361 (Fla.1980); Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980). Accordingly, this cause is remanded for resentencing in accordance with the cited authorities and appellant’s prior sentence is
REVERSED.
DAUKSCH, C. J., and ORFINGER, J., concur.
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Pendarvis v. State, 400 So. 2d 494 (Fla. 5th DCA 1981)…rly 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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Broome v. State, 466 So. 2d 1271 (Fla. 1st DCA 1985)…rly 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.…
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Darius Toussaint v. State, 592 So. 2d 770 (Fla. 5th DCA 1992)…dult. See Youngblood v. State, 560 So. 2d 409 (Fla. 5th DCA 1990). Section 39.111(7), Florida Statutes (1989)1 applies to juveniles who are tried upon a direct information as well as to those transferred from the juvenile division. Austin v. State, 400 So. 2d 495 (Fla. 5th DCA 1981), rev. denied, 408 So. 2d 1095 (1981). Further, it is the age of the defendant at the time of the commission of the offense which is determinative of whether the provisions of section 39.111 apply, not the defendant’s age at the t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Cain, 381 So. 2d 1361 (Fla. 1980)
- Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980)