Opinion
No. AS-83.
August 3, 1983.
Appeal from the Circuit Court, Leon County, Charles E. Miner, J.
Dorio Daniels, pro se, for appellant.
No Appearance for appellee.
There is no allegation in appellant's motion to reflect that the crime for which he was charged occurred prior to October 1, 1980. Therefore, pursuant to Section 958.04, Florida Statutes (1981), the decision of whether or not to classify appellant as a youthful offender was within the discretion of the Circuit Judge.
AFFIRMED.
JOANOS, WIGGINTON and ZEHMER, JJ., concur.