Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Myers v. State442 So. 2d 272 (Fla. Dist. Ct. App. 1983) · DCAAQ-104

Court
District Court of Appeal
Decided
1983-11-23
On CourtListener
PER CURIAM.

The only substantial issue presented by this appeal is whether appellant, a minor indicted by a grand jury for two counts of first-degree murder, was “transferred” within the meaning of section 39.02(5)(d), Florida Statutes (Supp.1982), and thus entitled to findings of fact by the trial court as to why he should not be sentenced as a juvenile. We hold that such indictments are not “transfers” within the meaning of the statute and affirm.

Judge v. State, 408 So.2d 831, 832 (Fla. 4th DCA 1982), held that such an indictment is a transfer within the meaning of section 39.02(5)(d). Judge, however, is no longer controlling, inasmuch as the Florida Legislature, by chapter 81-269, section 1, Laws of Florida, amended section 39.-02(5)(d) by eliminating the word “indictment” from the statute. We therefore adopt the result of Postell v. State, 383 So.2d 1159 (Fla. 3d DCA 1980) and find that there was no transfer as contemplated by the statute.

AFFIRMED.

ERVIN, C.J., JOANOS, J. and TILLMAN PEARSON (Ret.), Associate Judge, concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.