Opinion

Brown v. State

  • 436 So. 2d 243
  • 1983 Fla. App. LEXIS 22659
Court
District Court of Appeal of Florida
Filed
Jul 6, 1983
Status
Published
On the bench
Anstead, Beranek, Calis, Patricia
Cited by
1 cases
Authority
More cited than 80.1%

The opinion

PER CURIAM.

We affirm appellant’s conviction but agree that the sentence, which was predicated upon classification of the appellant as a youthful offender, was excessive. The state concedes this sentencing error on appeal. Specifically, the youthful offender scheme provides for a maximum commitment of six (6) years, section 958.05(2), Florida Statutes (1979), and that the term have no more than a one year minimum mandatory provision, section 958.05(3). The sentence imposed herein exceeds these limits.

Accordingly, we affirm the judgment but vacate the sentence and remand for a new sentence in accord with this opinion.

ANSTEAD, C.J., BERANEK, J., and CO-CALIS, PATRICIA W., Associate Judge, concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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