Rockwell v. State

District Court of Appeal of Florida

Rockwell v. State

394 So. 2d 205, 1981 Fla. App. LEXIS 19516

CourtDistrict Court of Appeal of Florida

DecidedFebruary 23, 1981

DocketNo. TT-420

StatusPublished

This text of 394 So. 2d 205 (Rockwell 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

Rockwell v. State, 394 So. 2d 205, 1981 Fla. App. LEXIS 19516 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

This cause is before us on appeal from a judgment of conviction for burglary and the sentence imposed of five years. Appellant, tried jointly with his brother, Ernest, contends the trial court erred in denying his motion to sever defendants and by failing to classify him as a youthful offender pursuant to Section 958.04(2), Florida Statutes (Supp.1978). Appellant has failed to demonstrate that the trial court abused his discretion in denying the motion for severance. Dove v. State, 287 So.2d 384 (Fla. 1st DCA 1973), cert. denied 294 So.2d 655 (Fla.1974). Accordingly, the judgment of conviction is affirmed. However, from the record now before us, it appears that the court erred in failing to sentence appellant pursuant to the Youthful Offender Act. In Goodson v. State, 392 So.2d 1335 (Fla. 1st DCA 1980), we held that classification as a youthful offender is mandatory if the criteria set forth in Sections 958.04(1) and (2) are met. Accordingly, the sentence is set aside and this cause is remanded for reconsideration by the trial court in light of Goodson, supra.

BOOTH and JOANOS, JJ., and TILLMAN, PEARSON (Retired), Associate Judge, concur.

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PER CURIAM.

This cause is before us on appeal from a judgment of conviction for burglary and the sentence imposed of five years. Appellant, tried jointly with his brother, Ernest, contends the trial court erred in denying his motion to sever defendants and by failing to classify him as a youthful offender pursuant to Section 958.04(2), Florida Statutes (Supp.1978). Appellant has failed to demonstrate that the trial court abused his discretion in denying the motion for severance. Dove v. State, 287 So.2d 384 (Fla. 1st DCA 1973), cert. denied 294 So.2d 655 (Fla.1974). Accordingly, the judgment of conviction is affirmed. However, from the record now before us, it appears that the court erred in failing to sentence appellant pursuant to the Youthful Offender Act. In Goodson v. State, 392 So.2d 1335 (Fla. 1st DCA 1980), we held that classification as a youthful offender is mandatory if the criteria set forth in Sections 958.04(1) and (2) are met. Accordingly, the sentence is set aside and this cause is remanded for reconsideration by the trial court in light of Goodson, supra.

BOOTH and JOANOS, JJ., and TILLMAN, PEARSON (Retired), Associate Judge, concur.

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394 So. 2d 205, 1981 Fla. App. LEXIS 19516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rockwell-v-state-fladistctapp-1981.

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