J.Y. v. State

ON MOTION FOR REHEARING AND/OR CERTIFICATION

We deny appellant’s motion for rehearing and/or certification of conflict regarding the constitutionality of section 39.061, Florida Statutes (Supp.1990), because this issue has not been preserved for appellate review.

Appellant pled guilty to escaping or attempting to escape from a juvenile facility in violation of sections 944.40, Florida Statutes (1989), and 39.061, Florida Statutes (Supp. 1990). Appellant subsequently moved to vacate his guilty plea, claiming that he was not aware that the first district 'had- declared section 39.061…