DEALTO v. STATE

No. 80-232.

392 So.2d 61 (1981)

Anthony John DEALTO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 7, 1981.


Attorney(s) appearing for the Case

Joseph A. Rosier, Altamonte Springs, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

Appellant, aged seventeen, was charged with robbery and aggravated assault by a direct information filed under section 39.04(2)(e)4., Florida Statutes.

Appellant contends that section 39.04(2)(e)4., Florida Statutes, authorizing a direct information as to a sixteen or seventeen year old offender, is in conflict with section 39.02(5)(c), Florida Statutes, which requires indictment for a life offense, and appellant also attacks the first statute...

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