Simmons v. State (423 So. 2d 399, 1982)

MILLS, Judge.

Simmons appeals summary denial of his motion for post-conviction relief. We reverse.

Simmons contends that he is entitled to youthful offender treatment. On its face this petition has merit. See, Richardson v. State, 398 So.2d 1010 (Fla. 1st DCA 1981). The cause is remanded for either attachment of portions of the record showing no entitlement to relief, holding of a proceeding on entitlement, or resentencing.

REVERSED.

ERVIN and WIGGINTON, JJ., concur.

ON MOTION FOR REHEARING

MILLS, Judge.

We note that if the record indicates that Simmons is not entitled to relief because of the date of the commission of his crime, the appropriate portions of the record shall be attached to the order.

Rehearing is denied.

ERVIN and WIGGINTON, JJ., concur.