Lewis v. State

District Court of Appeal of Florida

Lewis v. State

448 So. 2d 620, 1984 Fla. App. LEXIS 12772

Procedural entryThis page is a short order in Lewis v. State. Read the opinion of the Court — 402 So. 2d 482 →

District Court of Appeal of Florida·Decided April 18, 1984·No. No. 83-1720·Published

Opinion

PER CURIAM.

We grant the public defender’s motion to withdraw, Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), [621]*621and affirm the conviction and sentence. We note that although the court imposed a lawful sentence, it cited the wrong statute in so doing. The provision which permits the court to set a one year mandatory minimum sentence for a youthful offender is section 958.05(3). We therefore remand for correction of this technical error.

AFFIRMED and REMANDED.

ANSTEAD, C.J., and LETTS and DELL, JJ., concur.

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PER CURIAM.

We grant the public defender’s motion to withdraw, Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), [621]*621and affirm the conviction and sentence. We note that although the court imposed a lawful sentence, it cited the wrong statute in so doing. The provision which permits the court to set a one year mandatory minimum sentence for a youthful offender is section 958.05(3). We therefore remand for correction of this technical error.

AFFIRMED and REMANDED.

ANSTEAD, C.J., and LETTS and DELL, JJ., concur.

Lewis v. State, 448 So. 2d 620, 1984 Fla. App. LEXIS 12772 (Fla. Ct. App. 1984).

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Opinion

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