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Merritt v. State

District Court of Appeal of Florida, First District
Aug 28, 1985
474 So. 2d 897 (Fla. Dist. Ct. App. 1985)

Opinion

No. BF-133.

August 28, 1985.

Appeal from the Circuit Court, Duval County, R. Hudson Olliff, J.

Fred J. Merritt, pro se.

Jim Smith, Atty.Gen., for appellee.


Merritt appeals from the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

Merritt alleges in his motion that the trial court erred in failing to sentence him as a youthful offender pursuant to Section 958.04(1) and (2), Florida Statutes (1979). However, the record shows that Merritt was sentenced on 24 August 1977. Chapter 958, on which he relies, was not in effect until 1 October 1978. Therefore, he could not have been sentenced thereunder, and his motion was correctly denied.

AFFIRMED.

BOOTH, C.J., and JOANOS, J., concur.


Summaries of

Merritt v. State

District Court of Appeal of Florida, First District
Aug 28, 1985
474 So. 2d 897 (Fla. Dist. Ct. App. 1985)
Case details for

Merritt v. State

Case Details

Full title:FRED J. MERRITT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 28, 1985

Citations

474 So. 2d 897 (Fla. Dist. Ct. App. 1985)

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