Dixon v. State

District Court of Appeal of Florida

Dixon v. State

403 So. 2d 428, 1981 Fla. App. LEXIS 22129

CourtDistrict Court of Appeal of Florida

DecidedFebruary 11, 1981

DocketNo. TT-328

StatusPublished

Cited by1 cases

This text of 403 So. 2d 428 (Dixon 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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Dixon v. State, 403 So. 2d 428, 1981 Fla. App. LEXIS 22129 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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403 So. 2d 428, 1981 Fla. App. LEXIS 22129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-state-fladistctapp-1981.

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