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BARNHILL v. STATE

No. 79-1880.

393 So.2d 557 (1980)

Timothy Wayne BARNHILL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

On Rehearing February 18, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, and James K. Green, of Brown & Green, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Paul H. Zacks and Stewart J. Bellus, Asst. Attys. Gen., West Palm Beach, for appellee.

WETHERINGTON, GERALD T., Associate Judge.

This appeal raises questions of construction of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), which reads in part as follows:

(1) The court may classify as a youthful offender any person: (a) Who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 39; (b) Who is found guilty of or who has...

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