Simmons v. State

District Court of Appeal of Florida

Simmons v. State

423 So. 2d 399, 1982 Fla. App. LEXIS 28670

CourtDistrict Court of Appeal of Florida

DecidedOctober 29, 1982

DocketNo. AN-167

StatusPublished

This text of 423 So. 2d 399 (Simmons 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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Simmons v. State, 423 So. 2d 399, 1982 Fla. App. LEXIS 28670 (Fla. Ct. App. 1982).

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Opinions

MILLS, Judge.

Simmons appeals summary denial of his motion for post-conviction relief. We reverse.

Simmons contends that he is entitled to youthful offender treatment. On its face this petition has merit. See, Richardson v. State, 398 So.2d 1010 (Fla. 1st DCA 1981). The cause is remanded for either attachment of portions of the record showing no entitlement to relief, holding of a proceeding on entitlement, or resentencing.

REVERSED.

ERVIN and WIGGINTON, JJ., concur.

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