Simmons v. State

Full title: ANDRE SIMMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Dec 17, 1982

423 So. 2d 399 (Fla. Dist. Ct. App. 1982)

Opinion

No. AN-167.

October 29, 1982. Rehearing Denied December 17, 1982.

Appeal from Circuit Court, Duval County; A.C. Soud, Jr., Judge.

Andre Simmons, appellant, pro se.

Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., for appellee.

MILLS, Judge.

Simmons appeals summary denial of his motion for post-conviction relief. We reverse.

Simmons contends that he is entitled to youthful offender treatment. On its face this petition has merit. See, Richardson v. State, 398 So.2d 1010 (Fla. 1st DCA 1981). The cause is remanded for either attachment of portions of the record showing no entitlement to relief, holding of a proceeding on entitlement, or resentencing.

REVERSED.

ERVIN and WIGGINTON, JJ., concur.

MILLS, Judge.

ON MOTION FOR REHEARING

MILLS, Judge.

We note that if the record indicates that Simmons is not entitled to relief because of the date of the commission of his crime, the appropriate portions of the record shall be attached to the order.

Rehearing is denied.

ERVIN and WIGGINTON, JJ., concur.