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Cruce v. State

District Court of Appeal of Florida, Fourth District
Jun 8, 1983
432 So. 2d 734 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-836.

June 8, 1983.

Appeal from Circuit Court, Indian River County; Royce R. Lewis, Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.


Upon conviction for aggravated battery, the defendant was sentenced to three years incarceration to be followed by two years probation. Because the trial court sentenced the defendant as a youthful offender, we must remand the cause for correction of sentence. As noted in Davis v. State, 411 So.2d 312 (Fla. 3d DCA 1982), "Chapter 958 authorizes defendant's placement in a community control program upon completion of incarceration but does not authorize a term of probation." Accordingly, the conviction is affirmed, but the cause is remanded for correction of the sentence.

ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.


Summaries of

Cruce v. State

District Court of Appeal of Florida, Fourth District
Jun 8, 1983
432 So. 2d 734 (Fla. Dist. Ct. App. 1983)
Case details for

Cruce v. State

Case Details

Full title:ERNEST EUGENE CRUCE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 8, 1983

Citations

432 So. 2d 734 (Fla. Dist. Ct. App. 1983)

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