Legal Opinion

McNeil v. State

District Court of Appeal of Florida

Decided September 22, 1983No. AS-29PublishedCited by 3 opinions

1Opinion of the Court

SHIVERS, Judge.

McNeil appeals the order of the trial court denying his Fla.R.Crim.P. 8.850 motion for post-conviction relief. Appellant contended in his 3.850 motion that he meets the criteria for treatment as a youthful offender under Chapter 958, Florida Statutes. The trial court denied the motion based on section 958.04(l)(c), Florida Statutes, which provides that no person who has been found guilty of a capital or life felony may be classified as a youthful offender. Because appellant was not convicted of a capital or life felony, we reverse and remand.

Appellant entered a plea of guilty…

2Cases cited3 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 1981
  2. McDonald v. O'SteenDistrict Court of Appeal of Florida · 1983
  3. Brown v. StateDistrict Court of Appeal of Florida · 1982

3Cited by3 opinions

  1. Postell v. StateDistrict Court of Appeal of Florida · 2008
  2. Lee v. StateDistrict Court of Appeal of Florida · 1995
  3. Springer v. StateDistrict Court of Appeal of Florida · 1995

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