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400 So. 2d 494

Docket No. 80-1106.

Pendarvis v. State

Marion Wade PENDARVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 20, 1981.

District Court of Appeal of Florida · decided 1981-05-20

Cited by 7 later decisions — most recently October 1991

7 state decisions

Key passage — most relied on by later courts

“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 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.”

quoted by 2 later decisions, including 466 So. 2d 1271 - Broome v. State, 411 So. 2d 1367 - Glenn v. State

Relies on 400 So. 2d 495 - Austin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-05-20

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, and Julianne Piggotee, Certified Legal Intern, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3DAUKSCH, Chief Judge.

¶4This 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 *495 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.

¶5AFFIRMED.

¶6ORFINGER and COWART, JJ., concur.

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