Gaines v. State

District Court of Appeal of Florida

Gaines v. State

405 So. 2d 1031, 1981 Fla. App. LEXIS 21452

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 1981

DocketNo. AB-427

StatusPublished

This text of 405 So. 2d 1031 (Gaines 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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Gaines v. State, 405 So. 2d 1031, 1981 Fla. App. LEXIS 21452 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Gaines appeals judgments of guilty and sentences on three counts of an indictment on the grounds that he should have been treated as a youthful offender. We affirm appellant’s treatment as an adult on the counts of burglary of a dwelling and sexual battery.

However, we reverse the robbery conviction on the authority of King v. State, Case No. 80-1208 (Fla. 4th DCA July 1, 1981) [6 FLW 1569], Since robbery without a firearm, deadly weapon, or other weapon, is a second degree felony and not a crime punishable by death or life imprisonment, the charge should have been made by a delinquency petition rather than by indictment, Section 39.02(5)(c), Florida Statutes (1979). Therefore, we reverse appellant’s robbery conviction and direct the trial court to enter an order dismissing the robbery charge from the indictment without prejudice to the state attorney to proceed pursuant to Chapter 39.

SHAW, WENTWORTH and THOMPSON, JJ., concur.

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PER CURIAM.

Gaines appeals judgments of guilty and sentences on three counts of an indictment on the grounds that he should have been treated as a youthful offender. We affirm appellant’s treatment as an adult on the counts of burglary of a dwelling and sexual battery.

However, we reverse the robbery conviction on the authority of King v. State, Case No. 80-1208 (Fla. 4th DCA July 1, 1981) [6 FLW 1569], Since robbery without a firearm, deadly weapon, or other weapon, is a second degree felony and not a crime punishable by death or life imprisonment, the charge should have been made by a delinquency petition rather than by indictment, Section 39.02(5)(c), Florida Statutes (1979). Therefore, we reverse appellant’s robbery conviction and direct the trial court to enter an order dismissing the robbery charge from the indictment without prejudice to the state attorney to proceed pursuant to Chapter 39.

SHAW, WENTWORTH and THOMPSON, JJ., concur.

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405 So. 2d 1031, 1981 Fla. App. LEXIS 21452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-state-fladistctapp-1981.