JAY MYERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The only substantial issue presented by this appeal is whether appellant, a minor indicted by a grand jury for two counts of first-degree murder, was “transferred” within the meaning of section 39.02(5)(d), Florida Statutes (Supp.1982), and thus entitled to findings of fact by the trial court as to why he should not be sentenced as a juvenile. We hold that such indictments are not “transfers” within the meaning of the statute and affirm.
Judge v. State, 408 So. 2d 831, 832 (Fla. 4th DCA 1982), held that such an indictment is a transfer within the meaning of section 39.02(5)(d). Judge, however, is no longer controlling, inasmuch as the Florida Legislature, by chapter 81-269, section 1, Laws of Florida, amended section 39.-02(5)(d) by eliminating the word “indictment” from the statute. We therefore adopt the result of Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980) and find that there was no transfer as contemplated by the statute.
AFFIRMED.
ERVIN, C.J., JOANOS, J. and TILLMAN PEARSON (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Duke v. State, 529 So. 2d 341 (Fla. 1st DCA 1988)…f he were an adult” on all crimes charged in the indictment based on the same act.2 The State argues that an indictment for an offense punishable by death or life imprisonment does not constitute a “transfer” under chapter 39, citing Myers v. State, 442 So. 2d 272 (Fla. 1st DCA 1983), pet. for rev. den., 450 So. 2d 487 (Fla.1984),3 and that the trial court did not abuse its discretion by treating Mary Duke as an adult without the written findings required by section 39.111(6). Reading the provisions of chapt…
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Ramos v. State, 588 So. 2d 243 (Fla. 3d DCA 1991)…PER CURIAM. Affirmed. Duke v. State, 541 So. 2d 1170 (Fla. 1989); Myers v. State, 442 So. 2d 272 (Fla. 1st DCA 1983), rev. denied, 450 So. 2d 487 (Fla.1984); Postell v. State, 383 So. 2d 1159, 1162-63 (Fla. 3d DCA 1980).…
Authorities Cited
- Eve Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980)
- Judge v. State, 408 So. 2d 831 (Fla. 4th DCA 1982)