Austin v. State

Michael Richard AUSTIN, 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 4 later decisions — most recently January 1992

4 state decisions

Relies on 381 So. 2d 1361 - State v. Cain · 392 So. 2d 1335 - Goodson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-05-20

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¶1James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief, App. Division, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3COWART, Judge.

¶4Although 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

¶5REVERSED.

¶6DAUKSCH, C.J., and ORFINGER, J., concur.