Bready v. State

District Court of Appeal of Florida

Bready v. State

430 So. 2d 997, 1983 Fla. App. LEXIS 19743

CourtDistrict Court of Appeal of Florida

DecidedMay 11, 1983

DocketNo. 82-868

StatusPublished

Cited by1 cases

This text of 430 So. 2d 997 (Bready v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bready v. State, 430 So. 2d 997, 1983 Fla. App. LEXIS 19743 (Fla. Ct. App. 1983).

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PER CURIAM.

Our review of the record leads us to conclude that appellant’s conviction should be affirmed. The sentence, however, must be vacated because this case is governed by the mandatory provisions of the 1979 Florida Youthful Offender Act. Accordingly, the cause is remanded with instructions to order a presentence investigation and, if appellant satisfies the criteria for youthful offender treatment, to impose an appropriate sentence pursuant to the Florida Youthful Offender Act, Section 958.011 et seq., Florida Statutes (1979).

HERSEY and HURLEY, JJ., concur. WALDEN, J., concurs in part and dissents in part with opinion.

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PER CURIAM.

Our review of the record leads us to conclude that appellant’s conviction should be affirmed. The sentence, however, must be vacated because this case is governed by the mandatory provisions of the 1979 Florida Youthful Offender Act. Accordingly, the cause is remanded with instructions to order a presentence investigation and, if appellant satisfies the criteria for youthful offender treatment, to impose an appropriate sentence pursuant to the Florida Youthful Offender Act, Section 958.011 et seq., Florida Statutes (1979).

HERSEY and HURLEY, JJ., concur. WALDEN, J., concurs in part and dissents in part with opinion.

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430 So. 2d 997, 1983 Fla. App. LEXIS 19743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bready-v-state-fladistctapp-1983.

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