State v. Humphry

This case is before us to review a decision of the District Court of Appeal, First District, reported at 402 So.2d 1322 (Fla. 1st DCA 1981). The district court held that respondent, who had been simultaneously convicted of three felonies, was entitled to be sentenced as a youthful offender under section 958.04(2), Florida Statutes (Supp. 1978), for the first felony, but not for the other two. It then certified the following question as one of great public importance.

Is a person excluded from a mandatory classification under section 958.04(2)(9), F.S. (Supp.1978) [sic ], when prior to…