Davis v. State

District Court of Appeal of Florida

Davis v. State

411 So. 2d 312, 1982 Fla. App. LEXIS 19633

District Court of Appeal of Florida·Decided March 23, 1982·No. No. 81-712·Published·Cited by 2 cases

Opinion

BASKIN, Judge.

Defendant Leon Davis was sentenced to serve four concurrent four-year terms of incarceration followed by concurrent two-year terms of probation. Because the trial court sentenced him pursuant to Chapter 958, Florida Statutes (1979) as a youthful offender, we must remand the cause for correction of his sentence. Chapter 958 authorizes defendant’s placement in a community control program upon completion of incarceration but does not authorize a term of probation. See Riley v. State, 407 So.2d 967 (Fla. 2d DCA 1981); § 958.05(2), Fla. Stat. (1979).

Remanded for correction of the sentence.

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BASKIN, Judge.

Defendant Leon Davis was sentenced to serve four concurrent four-year terms of incarceration followed by concurrent two-year terms of probation. Because the trial court sentenced him pursuant to Chapter 958, Florida Statutes (1979) as a youthful offender, we must remand the cause for correction of his sentence. Chapter 958 authorizes defendant’s placement in a community control program upon completion of incarceration but does not authorize a term of probation. See Riley v. State, 407 So.2d 967 (Fla. 2d DCA 1981); § 958.05(2), Fla. Stat. (1979).

Remanded for correction of the sentence.

Davis v. State, 411 So. 2d 312, 1982 Fla. App. LEXIS 19633 (Fla. Ct. App. 1982).

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Opinion

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