Evans v. State

District Court of Appeal of Florida

Evans v. State

427 So. 2d 308, 1983 Fla. App. LEXIS 28964

CourtDistrict Court of Appeal of Florida

DecidedFebruary 22, 1983

DocketNo. 82-2380

StatusPublished

This text of 427 So. 2d 308 (Evans 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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Evans v. State, 427 So. 2d 308, 1983 Fla. App. LEXIS 28964 (Fla. Ct. App. 1983).

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Opinion

DANIEL S. PEARSON, Judge.

The trial court’s denial of Evans’ claim for relief under Rule 3.850 is affirmed. Evans’ claim that he was entitled to be man-datorily classified and sentenced as a youthful offender under the then applicable provision of Section 958.04(2), Florida Statutes (Supp.1978), see Stancil v. State, 405 So.2d 426 (Fla. 2d DCA 1981), is patently without merit in that a person, as Evans, simultaneously convicted of more than one felony is not entitled to mandatory classification, State v. Goodson, 403 So.2d 1337 (Fla.1981), under either of the felonies, Abram v. State, 408 So.2d 215 (Fla.1981), notwithstanding that the convictions arise from a single criminal episode. Barnhill v. State, 406 So.2d 1112 (Fla.1981); Flores v. State, 406 So.2d 58 (Fla. 3d DCA 1981).

Affirmed.

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DANIEL S. PEARSON, Judge.

The trial court’s denial of Evans’ claim for relief under Rule 3.850 is affirmed. Evans’ claim that he was entitled to be man-datorily classified and sentenced as a youthful offender under the then applicable provision of Section 958.04(2), Florida Statutes (Supp.1978), see Stancil v. State, 405 So.2d 426 (Fla. 2d DCA 1981), is patently without merit in that a person, as Evans, simultaneously convicted of more than one felony is not entitled to mandatory classification, State v. Goodson, 403 So.2d 1337 (Fla.1981), under either of the felonies, Abram v. State, 408 So.2d 215 (Fla.1981), notwithstanding that the convictions arise from a single criminal episode. Barnhill v. State, 406 So.2d 1112 (Fla.1981); Flores v. State, 406 So.2d 58 (Fla. 3d DCA 1981).

Affirmed.

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427 So. 2d 308, 1983 Fla. App. LEXIS 28964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-fladistctapp-1983.

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