Ellerby v. State

District Court of Appeal of Florida

Ellerby v. State

404 So. 2d 1150, 1981 Fla. App. LEXIS 21438

CourtDistrict Court of Appeal of Florida

DecidedOctober 21, 1981

DocketNo. 81-262

StatusPublished

This text of 404 So. 2d 1150 (Ellerby 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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Ellerby v. State, 404 So. 2d 1150, 1981 Fla. App. LEXIS 21438 (Fla. Ct. App. 1981).

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Opinion

SHARP, Judge.

Appellant pled guilty to the offense of robbery in violation of section 812.13(2)(c), Florida Statutes (1979). Although the pre-sentence investigation indicated that appellant met the statutory criteria of a youthful offender as established in section 958.04, Florida Statutes (1979), the trial judge refused appellant’s request to be sentenced under that statute and sentenced appellant to ten years imprisonment with credit for time previously served. The State agrees that appellant meets the statutory requirements and is entitled to be sentenced as a youthful offender. See Evans v. State, 398 So.2d 1018 (Fla.5th DCA 1981); Warren v. State, 391 So.2d 775 (Fla.4th DCA 1980); Killian v. State, 387 So.2d 385 (Fla.2d DCA 1980).

Accordingly, the judgment is affirmed but the sentence is vacated and this cause is remanded for resentencing.

AFFIRMED AND REMANDED FOR RESENTENCING.

COBB and COWART, JJ., concur.

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SHARP, Judge.

Appellant pled guilty to the offense of robbery in violation of section 812.13(2)(c), Florida Statutes (1979). Although the pre-sentence investigation indicated that appellant met the statutory criteria of a youthful offender as established in section 958.04, Florida Statutes (1979), the trial judge refused appellant’s request to be sentenced under that statute and sentenced appellant to ten years imprisonment with credit for time previously served. The State agrees that appellant meets the statutory requirements and is entitled to be sentenced as a youthful offender. See Evans v. State, 398 So.2d 1018 (Fla.5th DCA 1981); Warren v. State, 391 So.2d 775 (Fla.4th DCA 1980); Killian v. State, 387 So.2d 385 (Fla.2d DCA 1980).

Accordingly, the judgment is affirmed but the sentence is vacated and this cause is remanded for resentencing.

AFFIRMED AND REMANDED FOR RESENTENCING.

COBB and COWART, JJ., concur.

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404 So. 2d 1150, 1981 Fla. App. LEXIS 21438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellerby-v-state-fladistctapp-1981.

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