Bagley v. State

District Court of Appeal of Florida

Bagley v. State

464 So. 2d 712, 10 Fla. L. Weekly 658, 1985 Fla. App. LEXIS 12921

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 1985

DocketNo. 84-968

StatusPublished

This text of 464 So. 2d 712 (Bagley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bagley v. State, 464 So. 2d 712, 10 Fla. L. Weekly 658, 1985 Fla. App. LEXIS 12921 (Fla. Ct. App. 1985).

Pincite

Opinion

BARKETT, Judge.

We affirm the judgment finding appellant guilty of robbery and aggravated battery. Pursuant to that judgment, appellant was sentenced as a youthful offender under Chapter 958, Florida Statutes. The sentence included a period of community control with an order setting certain conditions of community control.

As the State concedes, a trial court cannot set conditions on the community control segment of a youthful offender’s sentence. Section 958.10(1), Florida Statutes (1983). See Clem v. State, 462 So.2d 1134 (Fla. 4th DCA 1984).

Accordingly, we strike the trial court’s order setting conditions for community control. In all other respects, the sentence is affirmed.

AFFIRMED AS MODIFIED.

DOWNEY and HERSEY, JJ., concur.

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