Austin v. State
Cases that cite this one
4 later published cases cite this decision.
- Toussaint v. State (Fla. Dist. Ct. App. 1992)
- Broome v. State (Fla. Dist. Ct. App. 1985)
- Pendarvis v. State (Fla. Dist. Ct. App. 1981)
- Futrell v. State (Fla. Dist. Ct. App. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Michael Richard AUSTIN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief, App. Division, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.
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-law data current through December 31, 2025. Source: CourtListener bulk data.