Florida District Courts of Appeal, 1995

Henderson v. State

Henderson v. State
Florida District Courts of Appeal · Decided July 11, 1995 · Booth, Joanos, Miner
657 So. 2d 66; 1995 Fla. App. LEXIS 7345; 1995 WL 405280 (Southern Reporter, Second Series)

Henderson v. State

Opinion of the Court

PER CURIAM.

Appellant was charged under section 784.08, Florida Statutes, with battery on a person aged 65 years or older and convicted by jury. Contrary to the express requirements of that statute, however, the trial court withheld adjudication of guilt. We hereby treat the state’s supplemental brief as a petition for mandamus seeking adjudication of guilt and grant that petition. We remand to the trial court to adjudicate appellant guilty as required by section 784.08.

BOOTH, JOANOS and MINER, JJ., concur.

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