Florida District Courts of Appeal, 1982

Lurry v. State

Lurry v. State
Florida District Courts of Appeal · Decided December 15, 1982 · Beranek, Downey, Hersey
424 So. 2d 868; 1982 Fla. App. LEXIS 22238 (Southern Reporter, Second Series)

Lurry v. State

Opinion of the Court

DOWNEY, Judge.

On authority of Woods v. State, 369 So.2d 632 (Fla. 4th DCA 1979), and Mills v. State, 424 So.2d 866 (Fla. 4th DCA 1982), we hereby vacate the sentence in this cause and remand the cause to the juvenile division of the circuit court for that division’s entry of a transfer order setting forth the findings of fact with respect to the eight criteria contained in Section 39.02(e), Florida Statutes (1979).

On authority of Jones v. State, 418 So.2d 1256 (Fla. 4th DCA 1982), we hold that appellant has not preserved the error complained of in his second point. However, our holding does not preclude appellant from seeking relief by means of Fla.R.Crim.P. 3.850.

REMANDED with directions.

BERANEK and HERSEY, JJ., concur.

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