Lane v. State

District Court of Appeal of Florida

Lane v. State

405 So. 2d 285, 1981 Fla. App. LEXIS 21451

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 1981

DocketNo. AB-397

StatusPublished

This text of 405 So. 2d 285 (Lane 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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Lane v. State, 405 So. 2d 285, 1981 Fla. App. LEXIS 21451 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Lane appeals denial of his motion to correct sentence, arguing that he is entitled to be resentenced pursuant to the Florida Youthful Offender Act, Section 958.011, et seq., Florida Statutes (1979). We agree and reverse.

The trial court ruled that Lane’s conviction of armed robbery precluded his treatment as a youthful offender. At the time of his order, the trial court did not have the benefit of our ruling in Lee v. State, 399 So.2d 1027 (Fla. 1st DCA 1981), in which we held that an armed robbery conviction does not preclude youthful offender treatment. Accordingly, the order is reversed, and the cause is remanded for further proceedings consistent with Lee v. State, supra.

SHAW, WENTWORTH and THOMPSON, JJ., concur.

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PER CURIAM.

Lane appeals denial of his motion to correct sentence, arguing that he is entitled to be resentenced pursuant to the Florida Youthful Offender Act, Section 958.011, et seq., Florida Statutes (1979). We agree and reverse.

The trial court ruled that Lane’s conviction of armed robbery precluded his treatment as a youthful offender. At the time of his order, the trial court did not have the benefit of our ruling in Lee v. State, 399 So.2d 1027 (Fla. 1st DCA 1981), in which we held that an armed robbery conviction does not preclude youthful offender treatment. Accordingly, the order is reversed, and the cause is remanded for further proceedings consistent with Lee v. State, supra.

SHAW, WENTWORTH and THOMPSON, JJ., concur.

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405 So. 2d 285, 1981 Fla. App. LEXIS 21451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-state-fladistctapp-1981.

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