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Dixon v. State

District Court of Appeal of Florida, First District
Feb 11, 1981
403 So. 2d 428 (Fla. Dist. Ct. App. 1981)

Opinion

No. TT-328.

February 11, 1981.

Appeal from Circuit Court, Baker County; John J. Crews, Judge.

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Charles A. Stampelos, Asst. Atty. Gen., Tallahassee, for appellee.


Dixon appeals the sentence entered against him following his plea of guilty to a charge of robbery. He asserted at sentencing and now asserts on appeal that Section 958.04, Florida Statutes (Supp. 1978), is mandatory and that the trial court erred in failing to sentence him as a youthful offender. The trial court indicated that it did not consider the statute mandatory and refused to apply the statute's provisions. Subsequently, we held in Goodson v. State, 392 So.2d 1335 (Fla. 1st DCA 1980), rehearing denied, that Section 958.04 is mandatory if all the criteria found in subsections (1) and (2) are met. Since the trial court based its decision on its determination that the statute is not mandatory, the sentence is reversed and remanded for further proceedings and reconsideration in light of our holding in Goodson, supra.

MILLS, C.J., and BOOTH and LARRY G. SMITH, JJ., concur.


Summaries of

Dixon v. State

District Court of Appeal of Florida, First District
Feb 11, 1981
403 So. 2d 428 (Fla. Dist. Ct. App. 1981)
Case details for

Dixon v. State

Case Details

Full title:DAN DIXON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 11, 1981

Citations

403 So. 2d 428 (Fla. Dist. Ct. App. 1981)

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