Hodgson v. State

ERVIN, Judge.

Appellant, Donald W. Hodgson, appeals his convictions and sentences as an adult for attempted murder, sexual battery, and burglary of a dwelling. We affirm the convictions without comment and reverse the sentences for the reason stated below.

Although Hodgson was 17 years old at the time of the offenses, he was tried as an adult because the state directly filed an information against him. Section 39.-04(3)(e)(4), Fla.Stat. (1989). He was convicted and sentenced as an adult to three concurrent 22-year sentences. Section 39.-lll(7)(d), Florida Statutes (1989), requires a decision to…