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Davis v. State

District Court of Appeal of Florida, Third District
Mar 23, 1982
411 So. 2d 312 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-712.

March 23, 1982.

Appeal from the Circuit Court, Dade County, Maria M. Korvick, J.

Bennett H. Brummer, Public Defender, and Elliot L. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Steven Jacob, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, NESBITT and BASKIN, JJ.


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.


Summaries of

Davis v. State

District Court of Appeal of Florida, Third District
Mar 23, 1982
411 So. 2d 312 (Fla. Dist. Ct. App. 1982)
Case details for

Davis v. State

Case Details

Full title:LEON DAVIS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 23, 1982

Citations

411 So. 2d 312 (Fla. Dist. Ct. App. 1982)

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