Conception v. State

District Court of Appeal of Florida

Conception v. State

405 So. 2d 308, 1981 Fla. App. LEXIS 21563

CourtDistrict Court of Appeal of Florida

DecidedNovember 4, 1981

DocketNo. 81-258

StatusPublished

This text of 405 So. 2d 308 (Conception 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

Conception v. State, 405 So. 2d 308, 1981 Fla. App. LEXIS 21563 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Defendant appeals his sentence of 15 years in prison based on a conviction of aggravated battery. In sentencing defendant, the trial court ruled that application of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), was discretionary. This court held the Act to be mandatory if the defendant meets the statutory criteria in Barnhill v. State, 393 So.2d 557 (Fla. 4th DCA 1980). The ruling of the trial court is reversed and the matter is remanded for a finding as to whether defendant met the statutory criteria and for resentencing in accordance with Barnhill v. State, supra, if appropriate.

REVERSED AND REMANDED.

LETTS, C. J., BERANEK, J., and OWEN, WILLIAM C., Jr., Retired, Associate Judge, concur.

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PER CURIAM.

Defendant appeals his sentence of 15 years in prison based on a conviction of aggravated battery. In sentencing defendant, the trial court ruled that application of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), was discretionary. This court held the Act to be mandatory if the defendant meets the statutory criteria in Barnhill v. State, 393 So.2d 557 (Fla. 4th DCA 1980). The ruling of the trial court is reversed and the matter is remanded for a finding as to whether defendant met the statutory criteria and for resentencing in accordance with Barnhill v. State, supra, if appropriate.

REVERSED AND REMANDED.

LETTS, C. J., BERANEK, J., and OWEN, WILLIAM C., Jr., Retired, Associate Judge, concur.

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405 So. 2d 308, 1981 Fla. App. LEXIS 21563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conception-v-state-fladistctapp-1981.

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