Austin v. State, 400 So. 2d 495

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.

Case Details

Case Name: Austin v. State

Court Name: District Court of Appeal of Florida

Date Published: May 20, 1981

Citations: 400 So. 2d 495; 80-988

Docket Number: 80-988

Court Abbreviation: Fla. Dist. Ct. App.