Fitzpatrick v. State

This is a companion case to King v. State, 425 So.2d 1379 (Fla. 4th DCA 1981).

Appellant, aged 15 at the time of the alleged crime, was indicted for unarmed robbery and aggravated assault and tried in adult court. Since the court lacked jurisdiction to try appellant the cause must be reversed. King v. State, supra. If we were to reach the merits reversal would be also required for failure to grant appellant’s request to instruct the jury on the maximum and minimum penalties for the offenses charged (Tascano v. State, 393 So.2d 540 (Fla.1981)); however, reversal would not be required for…