Jones v. State

Appellant, a juvenile at the time of the offense, was convicted of robbery with a firearm. At the sentencing hearing appellant was sentenced to fifteen years imprisonment. The trial court did not consider the mandatory sentencing provisions of Section 39.111(6), Florida Statutes (1979), in arriving at this disposition. However, no objection was raised by the defense at the time. Appellant raises the issue for the first time on appeal.

In a survey of the case law in this State, it appears that a distinction is made between those cases where the failure to follow the provisions of Section…