Smith v. State

Full title: RICHARD R. SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jul 13, 1982

416 So. 2d 862 (Fla. Dist. Ct. App. 1982)

Opinion

No. AI-418.

July 13, 1982.

Appeal from Circuit Court, Leon County; Charles E. Miner, Jr., Judge.

Michael E. Allen, Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Richard A. Patterson, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We affirm the trial court's imposition of sentence under the Youthful Offender Act, Section 958.05, Florida Statutes (1981), without prejudice to appellant's right to seek post-conviction relief, Rule 3.850, Florida Rules of Criminal Procedure, with respect to the trial court's failure to comply with the requirements of Section 39.111(6), Florida Statutes (1981), before imposing adult sanctions. See, Harvey v. State, 408 So.2d 579 (Fla. 5th DCA 1981).

LARRY G. SMITH, JOANOS and THOMPSON, JJ., concur.