MASCI v. STATE

No. 80-1435.

397 So.2d 984 (1981)

John MASCI, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 27, 1981.


Attorney(s) appearing for the Case

Paul A. Lehrman, Tallahassee, Mitchell Denker, Key West, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HENDRY, SCHWARTZ and NESBITT, JJ.


SCHWARTZ, Judge.

The sole point on appeal challenges the determination below that the defendant, Masci, who was 17 years of age, was properly charged as an adult by the state attorney under Section 39.04(2)(e)4, Fla. Stat. (1979), which provides:

4. With respect to any child who at the time of commission of the alleged offense was 16 or 17 years of age, [the state attorney may] file an information when in his judgment...

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