State v. Smith

District Court of Appeal of Florida

State v. Smith

654 So. 2d 1299, 1995 Fla. App. LEXIS 5755, 1995 WL 322660

CourtDistrict Court of Appeal of Florida

DecidedMay 31, 1995

DocketNo. 94-1307

StatusPublished

Cited by1 cases

This text of 654 So. 2d 1299 (State v. Smith) 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

State v. Smith, 654 So. 2d 1299, 1995 Fla. App. LEXIS 5755, 1995 WL 322660 (Fla. Ct. App. 1995).

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Opinion

STEVENSON, Judge.

The State of Florida argues and the defendant below concedes that the trial court erred in sentencing defendant as a youthful offender where defendant was over the age of 21 when the offenses were committed. See § 958.04(1), Fla.Stat. (1993). Therefore, we vacate this illegal sentence. Because the trial court intimated quite clearly to defendant prior to the entry of the plea that it was going to sentence him as a youthful offender if defendant pled guilty, we remand this case to the trial court to give defendant the oppor[1300]*1300tunity to withdraw his plea prior to resen-tencing.

Reversed and remanded.

GLICKSTEIN and KLEIN, JJ., concur.

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STEVENSON, Judge.

The State of Florida argues and the defendant below concedes that the trial court erred in sentencing defendant as a youthful offender where defendant was over the age of 21 when the offenses were committed. See § 958.04(1), Fla.Stat. (1993). Therefore, we vacate this illegal sentence. Because the trial court intimated quite clearly to defendant prior to the entry of the plea that it was going to sentence him as a youthful offender if defendant pled guilty, we remand this case to the trial court to give defendant the oppor[1300]*1300tunity to withdraw his plea prior to resen-tencing.

Reversed and remanded.

GLICKSTEIN and KLEIN, JJ., concur.

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Bluebook (online)

654 So. 2d 1299, 1995 Fla. App. LEXIS 5755, 1995 WL 322660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-fladistctapp-1995.

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