Johnson v. State

Full title: LEONARD JOHNSON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 23, 1982

411 So. 2d 311 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-557.

March 23, 1982.

Appeal from Circuit Court, Dade County; George Orr, Judge.

Clinton Pitts, Michael Zelman, Miami, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, NESBITT and BASKIN, JJ.

BASKIN, Judge.

We affirm defendant Johnson's convictions for robbery and grand-theft second degree of a bicycle entered following his violation of his probation. In accordance with State v. Hegstrom, 401 So.2d 1343 (Fla. 1981), however, we vacate the sentence imposed for grand theft. We note that defendant's multiple convictions preclude a sentence under the Youthful Offender Act, Chapter 958. State v. Goodson, 403 So.2d 1337 (Fla. 1981).

Affirmed as modified.