Brown v. State

DELL, Judge.

Eric Anthony Brown appeals from his conviction for burglary with an assault. Appellant has demonstrated no reversible error with respect to his conviction, but we must remand this cause for resentencing.

Appellant was seventeen at the time of the offense. The trial judge determined that since appellant had been indicted, he was not transferred for prosecution to the criminal division of the circuit court pursuant to Chapter 39, and thus did not qualify as a youthful offender. § 958.04(l)(a), Fla. Stat. (1979). Since the time of the trial of this case the Supreme Court has since…