Florida District Courts of Appeal, 1981

Conception v. State

Conception v. State
Florida District Courts of Appeal · Decided November 4, 1981 · Beranek, Letts, Owen, William
405 So. 2d 308; 1981 Fla. App. LEXIS 21563 (Southern Reporter, Second Series)

Conception v. State

Opinion of the Court

PER CURIAM.

Defendant appeals his sentence of 15 years in prison based on a conviction of aggravated battery. In sentencing defendant, the trial court ruled that application of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), was discretionary. This court held the Act to be mandatory if the defendant meets the statutory criteria in Barnhill v. State, 393 So.2d 557 (Fla. 4th DCA 1980). The ruling of the trial court is reversed and the matter is remanded for a finding as to whether defendant met the statutory criteria and for resentencing in accordance with Barnhill v. State, supra, if appropriate.

REVERSED AND REMANDED.

LETTS, C. J., BERANEK, J., and OWEN, WILLIAM C., Jr., Retired, Associate Judge, concur.

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