STATE v. CAIN

Nos. 56528, 57410.

381 So.2d 1361 (1980)

STATE of Florida, Appellant, v. Mark Randall CAIN, Appellee. Virgil Thomas DUNCAN, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

March 27, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., for State of Fla. in both cases.

Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant in No. 56528.

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellee in No. 56528.

Harry W. Carls, III, Public Defender, and Glenn M. Klausman, Asst. Public Defender, Orlando, for appellant in No. 57410.

Marc E. Kirk, Asst. Atty. Gen., West Palm Beach, for appellee in No. 57410.


SUNDBERG, Justice.

These consolidated cases present the issue of whether the state may constitutionally vest the state attorney with authority to criminally prosecute a juvenile who is sixteen years of age or older as an adult under subsection 39.04(2)(e)4, Florida Statutes (Supp. 1978), when the juvenile has in the past committed two delinquent acts one of which involved an offense classified under Florida law as a felony. Because the trial courts below passed on...

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