Evans v. State, 82-2380

• Decision Date: 22 February 1983
• Docket Number: No. 82-2380,82-2380
• Citation: 427 So.2d 308
• Parties: Keith EVANS, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 308

427 So.2d 308

Keith EVANS, Appellant, v. The STATE of Florida, Appellee.

No. 82-2380.

District Court of Appeal of Florida,

Third District.

Feb. 22, 1983.

Keith Evans, in pro. per.

Jim Smith, Atty. Gen., and Marti Rothenberg, Asst. Atty. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

The trial court's denial of Evans' claim for relief under Rule 3.850 is affirmed. Evans' claim that he was entitled to be mandatorily classified and sentenced as a youthful offender under the then applicable provision of Section 958.04(2), Florida Statutes (Supp.1978), see Stancil v. State, 405 So.2d 426 (Fla. 2d DCA 1981), is patently without merit in that a person, as Evans, simultaneously convicted of more than one felony is not entitled to mandatory classification, State v. Goodson, 403 So.2d 1337 (Fla.1981), under either of the felonies, Abram v. State, 408 So.2d 215 (Fla.1981), notwithstanding that the convictions arise from a single criminal episode. Barnhill v. State, 406 So.2d 1112 (Fla.1981); Flores v. State, 406 So.2d 58 (Fla. 3d DCA 1981).

Affirmed.