Rott v. State

Full title: ROY JASON ROTT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 8, 1990

557 So. 2d 689 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1724.

March 8, 1990.

Appeal from the Circuit Court for Marion County; Victor J. Musleh, Judge.

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

W. SHARP, and HARRIS, JJ., concur.

DAUKSCH, J., dissents with opinion.

DAUKSCH, Judge, dissenting.

I respectfully dissent.

This is an appeal from a judgment of guilt of a felony. Appellant was a juvenile, sixteen years old, who was prosecuted as an adult without having first been transferred from juvenile court to the criminal court. § 39.02(2), Fla. Stat. (1987). To me this is fundamental, reversible error.