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Florida District Courts of Appeal, 1981

Jolly v. State

Jolly v. State
Florida District Courts of Appeal · Decided December 15, 1981 · Beranek, Hersey, Moore
406 So. 2d 1298; 1981 Fla. App. LEXIS 21921 (Southern Reporter, Second Series)

Jolly v. State

Opinion of the Court

ON REHEARING

PER CURIAM.

The defendant appeals asserting his three-year mandatory minimum sentence to be improper.1 Defendant was sentenced for robbery with a firearm as a youthful offender pursuant to Chapter 958, Florida Statutes. This sentence is vacated in accordance with Trent v. State, 403 So.2d 1131 (Fla. 4th DCA 1981), and Section 958.-05(3), Florida Statutes (1979).

*1299Reversed and remanded for resentencing in accordance with the above cited authorities.

REVERSED AND REMANDED.

MOORE, BERANEK and HERSEY, JJ., concur.

. This Court’s previous opinion issued October 28, 1981, is withdrawn and the present opinion substituted.

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