Florida District Courts of Appeal, 1983

Cruce v. State

Florida District Courts of Appeal · Decided June 8, 1983 · Anstead, Glickstein, Hurley

432 So. 2d 734; 1983 Fla. App. LEXIS 19993 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Clem v. State (Fla. Dist. Ct. App. 1984)
Andrews v. State (Fla. Dist. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

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