Smith v. State
Smith v. State
Opinion of the Court
Apj>ellant contends that he should have been sentenced as a youthful offender un
Although the record indicates that appellant did have a prior record, there is nothing in the record before us to evidence the nature of his prior crimes or delinquent acts.
The judgment of conviction is affirmed, but the sentence is set aside and the case is remanded for resentencing. The State shall have the opportunity at the resentenc-ing hearing to present evidence of appellant’s prior record so that the trial court may determine if appellant is mandatorily entitled to the benefits of the Youthful Offender Act. See Durden.
REMANDED for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.