Simmons v. State

423 So. 2d 399, 1982 Fla. App. LEXIS 28670
Procedural entryThis page is a short order in Simmons v. State. Read the opinion of the Court — 457 So. 2d 534
District Court of Appeal of Florida·Decided October 29, 1982·No. No. AN-167·Published

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

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Related

Richardson v. State
398 So. 2d 1010 (District Court of Appeal of Florida, 1981)