Page v. State

District Court of Appeal of Florida

Page v. State

687 So. 2d 1357, 1997 Fla. App. LEXIS 404, 1997 WL 43859

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1997

DocketNo. 97-53

StatusPublished

Cited by1 cases

This text of 687 So. 2d 1357 (Page 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

Page v. State, 687 So. 2d 1357, 1997 Fla. App. LEXIS 404, 1997 WL 43859 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Henry Page appeals an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. Defendant-appellant pled guilty to second degree murder, which is a first degree felony punishable by life imprisonment. § 782.04(2), Fla.Stat. (1977). The life sentence is legal.

Assuming, without deciding, that defendant’s claim relating to the Youthful Offender Act is cognizable under Rule 3.800, it has been held that the Youthful Offender Act does not apply to a defendant whose crime was committed prior to the Act’s effective date of October 1, 1978. Bradley v. State, 385 So.2d 1122, 1123 (Fla. 1st DCA), review denied, 392 So.2d 1372 (Fla.1980); Allen v. State, 383 So.2d 674, 675 (Fla. 5th DCA 1980). Defendant’s crime was committed prior to October 1, 1978. Even if defendant were eligible for the Youthful Offender Act, defendant’s claim that Youthful Offender classification was mandatory in his case is incorrect. See State v. Goodson, 403 So.2d 1337, 1339-40 (Fla.1981).

Affirmed.

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PER CURIAM.

Henry Page appeals an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. Defendant-appellant pled guilty to second degree murder, which is a first degree felony punishable by life imprisonment. § 782.04(2), Fla.Stat. (1977). The life sentence is legal.

Assuming, without deciding, that defendant’s claim relating to the Youthful Offender Act is cognizable under Rule 3.800, it has been held that the Youthful Offender Act does not apply to a defendant whose crime was committed prior to the Act’s effective date of October 1, 1978. Bradley v. State, 385 So.2d 1122, 1123 (Fla. 1st DCA), review denied, 392 So.2d 1372 (Fla.1980); Allen v. State, 383 So.2d 674, 675 (Fla. 5th DCA 1980). Defendant’s crime was committed prior to October 1, 1978. Even if defendant were eligible for the Youthful Offender Act, defendant’s claim that Youthful Offender classification was mandatory in his case is incorrect. See State v. Goodson, 403 So.2d 1337, 1339-40 (Fla.1981).

Affirmed.

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Bluebook (online)

687 So. 2d 1357, 1997 Fla. App. LEXIS 404, 1997 WL 43859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/page-v-state-fladistctapp-1997.

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