Florida District Courts of Appeal, 1983

Brown v. State

Florida District Courts of Appeal · Decided July 6, 1983 · Anstead, Beranek, Calis, Patricia

436 So. 2d 243; 1983 Fla. App. LEXIS 22659 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Ross (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.

We affirm appellant’s conviction but agree that the sentence, which was predicated upon classification of the appellant as a youthful offender, was excessive. The state concedes this sentencing error on appeal. Specifically, the youthful offender scheme provides for a maximum commitment of six (6) years, section 958.05(2), Florida Statutes (1979), and that the term have no more than a one year minimum mandatory provision, section 958.05(3). The sentence imposed herein exceeds these limits.

Accordingly, we affirm the judgment but vacate the sentence and remand for a new sentence in accord with this opinion.

ANSTEAD, C.J., BERANEK, J., and CO-CALIS, PATRICIA W., Associate Judge, concur.

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