Cruce v. State

District Court of Appeal of Florida

Cruce v. State

432 So. 2d 734, 1983 Fla. App. LEXIS 19993

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 1983

DocketNo. 82-836

StatusPublished

Cited by2 cases

This text of 432 So. 2d 734 (Cruce 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.

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Cruce v. State, 432 So. 2d 734, 1983 Fla. App. LEXIS 19993 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

Upon conviction for aggravated battery, the defendant was sentenced to three years incarceration to be followed by two years probation. Because the trial court sentenced the defendant as a youthful offender, we must remand the cause for correction of sentence. As noted in Davis v. State, 411 So.2d 312 (Fla. 3d DCA 1982), “Chapter 958 authorizes defendant’s placement in a community control program upon completion of incarceration but does not authorize a term of probation.” Accordingly, the conviction is affirmed, but the cause is remanded for correction of the sentence.

ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.

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PER CURIAM.

Upon conviction for aggravated battery, the defendant was sentenced to three years incarceration to be followed by two years probation. Because the trial court sentenced the defendant as a youthful offender, we must remand the cause for correction of sentence. As noted in Davis v. State, 411 So.2d 312 (Fla. 3d DCA 1982), “Chapter 958 authorizes defendant’s placement in a community control program upon completion of incarceration but does not authorize a term of probation.” Accordingly, the conviction is affirmed, but the cause is remanded for correction of the sentence.

ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.

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432 So. 2d 734, 1983 Fla. App. LEXIS 19993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruce-v-state-fladistctapp-1983.

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