State v. Smith

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

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 opportunity to withdraw his plea prior to resen-tencing.

Reversed and remanded.

GLICKSTEIN and KLEIN, JJ., concur.