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Lurry v. State

District Court of Appeal of Florida, Fourth District
Jan 26, 1983
424 So. 2d 868 (Fla. Dist. Ct. App. 1983)

Opinion

No. 80-171.

December 15, 1982. Rehearing Denied January 26, 1983.

Appeal from Circuit Court, Indian River County; Royce R. Lewis, Judge.

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.


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.


Summaries of

Lurry v. State

District Court of Appeal of Florida, Fourth District
Jan 26, 1983
424 So. 2d 868 (Fla. Dist. Ct. App. 1983)
Case details for

Lurry v. State

Case Details

Full title:OTIS BELL LURRY, III, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 26, 1983

Citations

424 So. 2d 868 (Fla. Dist. Ct. App. 1983)