- Bookmark
- Share
- CaseIQ
AUSTIN v. STATE
District Court of Appeal of Florida, Fifth District.
May 20, 1981
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.
x
Alert
Please log in or sign up for a free trial to access this feature.