Merritt v. State

District Court of Appeal of Florida

Merritt v. State

474 So. 2d 897, 10 Fla. L. Weekly 2032

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1985

DocketNo. BF-133

StatusPublished

This text of 474 So. 2d 897 (Merritt 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.

Bluebook

Merritt v. State, 474 So. 2d 897, 10 Fla. L. Weekly 2032 (Fla. Ct. App. 1985).

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Opinion

MILLS, Judge.

Merritt appeals from the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

Merritt alleges in his motion that the trial court erred in failing to sentence him as a youthful offender pursuant to Section 958.04(1) and (2), Florida Statutes (1979). However, the record shows that Merritt was sentenced on 24 August 1977. Chapter 958, on which he relies, was not in effect until 1 October 1978. Therefore, he [898]*898could not have been sentenced thereunder, and his motion was correctly denied.

AFFIRMED.

BOOTH, C.J., and JOANOS, J., concur.

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MILLS, Judge.

Merritt appeals from the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm.

Merritt alleges in his motion that the trial court erred in failing to sentence him as a youthful offender pursuant to Section 958.04(1) and (2), Florida Statutes (1979). However, the record shows that Merritt was sentenced on 24 August 1977. Chapter 958, on which he relies, was not in effect until 1 October 1978. Therefore, he [898]*898could not have been sentenced thereunder, and his motion was correctly denied.

AFFIRMED.

BOOTH, C.J., and JOANOS, J., concur.

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Bluebook (online)

474 So. 2d 897, 10 Fla. L. Weekly 2032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritt-v-state-fladistctapp-1985.