RICHARD R. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD R. SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
416 So. 2d 862
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s imposition of sentence under the Youthful Offender Act, Section 958.05, Florida Statutes (1981), without prejudice to appellant’s right to seek post-conviction relief, Rule 3.850, Florida Rules of Criminal Procedure, with respect to the trial court’s failure to comply with the requirements of Section 39.111(6), Florida Statutes (1981), before imposing adult sanctions. See, Harvey v. State, 408 So. 2d 579 (Fla. 5th DCA 1981).
LARRY G. SMITH, JOANOS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 661 So. 2d 1261 (Fla. 4th DCA 1995)…sufficient to require either attachments of portions of the record refuting the claims, or an evidentiary hearing. See generally Church v. State, 652 So. 2d 911 (Fla. 2d DCA 1995); Brown v. State, 633 So. 2d 1175 (Fla. 3d DCA 1994); Smith v. State, 416 So. 2d 862 (Fla. 1st DCA 1982). Reversed and remanded for an evidentiary hearing or attachment of portions of the record. GLICKSTEIN, POLEN and SHAHOOD, JJ., concur.…
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Elias v. State, 257 So. 3d 1248 (Fla. 1st DCA 2018)
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Elias v. State, 257 So. 3d 1248 (Fla. 3d DCA 2018)…9.140(h)(3). The lower court committed reversible error in failing to enter such a written order. See Metayer v. State, 52 So. 3d 691, 692 (Fla. 4th DCA 2010); Montgomery v. State, 788 So. 2d 274, 275 (Fla. 4th DCA 2000); Buckhalter v. State, 416 So. 2d 862, 862 (Fla. 1st DCA 1982). Accordingly, we grant Elias’s motion for review, reverse the denial of Elias’s motion for post-trial release, and remand for the lower court to reconsider Elias’s motion in accordance with the applicable criminal and ap…
Authorities Cited
- Jackson v. State, 408 So. 2d 579 (Fla. 5th DCA 1981)
- Harvey v. State, 408 So. 2d 579 (Fla. 5th DCA 1981)