438 So. 2d 513 | Fla. Dist. Ct. App. | 1983
OPINION ON ORDER AFTER REMAND
The order rendered September 7, 1983 is not in compliance with the opinion of this court issued June 23, 1983,
The order does not show any consideration having been given to the various criteria which must be considered to determine whether petitioner is entitled to be sentenced as a youthful offender. The or
We remand this case again, this time for a period of thirty days. The court is directed to hold a hearing with the defendant and his attorney present, to take evidence and make a complete record, and to decide whether the defendant meets the mandatory qualifications to be sentenced under Section 958.04(2), Florida Statutes (1979). If the defendant qualifies, then he must be resentenced pursuant to that statute. If he does not, then an order must be entered setting out the reasons. The court shall then direct the clerk of the circuit court to forward to this court within ten days of the hearing a complete record and transcript of the proceedings held in compliance with this opinion.
It is so ordered.
. Hill v. State, 434 So.2d 974 (Fla. 5th DCA 1983).