Daniels v. State

PER CURIAM.

Affirmed without prejudice to appellant’s right to file a new motion alleging, if such be the case, that the crime occurred prior to October 1, 1980, the effective date of the amendment to the Youthful Offender Act making classification under the Act discretionary rather than mandatory. Compare Section 958.04(2), Florida Statutes (1979), and Section 958.04(2), Florida Statutes (1981).

JOANOS, WIGGINTON & ZEHMER, JJ., concur.