IN THE INTEREST OF C. H. H. ET AL., APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
By this appeal we are asked to review the correctness of an order of the Juvenile Court transferring the cases of appellants to circuit court. The primary question raised on appeal is whether the order of transferral adequately satisfies the requirements of Section 39.02(6), Florida Statutes.
From our review of the record herein, it does appear that the trial court has failed to follow the procedures prescribed in Chapter 39, Florida Statutes, relating to waivers of jurisdiction of juveniles as very recently adumbrated by the Florida Supreme Court’s decision in Davis v. State, 297 So. 2d 289, Opinion filed July 3, 1974. While we must test the correctness of the order appealed in light of Davis, supra, we must also point out in deference to the trial judge whose order is here reviewed that he did not have the benefit of the pronouncements of the Davis case when his order was entered.
Accordingly, we reverse and remand for reconsideration in light of Davis, supra.
SPECTOR, Acting C. J., and JOHNSON and BOYER, JJ., concur.
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Austin v. Louie L. Wainwright, 305 So. 2d 845 (Fla. 4th DCA 1975)…d a requirement that they find an intent to permanently deprive the owner of the motorcycle as a condition and necessary ingredient in determining that the defendant was guilty of the charged felony. We are aware of the decision in Waters v. State, 298 So. 2d 208 (2d D.C.A. Fla.1974), and distinguish that factually similar case as follows: (1) In Waters v. State, supra, the necessity of intent to permanently deprive was mentioned in the charge on the lesser included offense; it was not covered in the instan…
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Parker v. State, 495 So. 2d 1204 (Fla. 3d DCA 1986)…See Hysler v. State, 132 Fla. 209, 232-33, 181 So. 354, 363-64 (1938), aff'd, 315 U.S. 411, 62 S.Ct. 688, 86 L.Ed. 932 (1941); Turner v. State, 423 So. 2d 594 (Fla. 3d DCA 1982); Diez v. State, 359 So. 2d 55, 56 (Fla. 3d DCA 1978); Waters v. State, 298 So. 2d 208, 209 (Fla. 2d DCA 1974); Mathews v. State, 221 So. 2d 431, 432 (Fla. 2d DCA 1969); §§ 59.041, 924.33, Fla.Stat. (1985). I see no merit in the balance of the defendant’s points on appeal, and, accord [*1207] ingly, would affirm the final judgment o…
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- Davis v. State, 297 So. 2d 289 (Fla. 1974)