Florida District Courts of Appeal, 1995

State v. Smith

Florida District Courts of Appeal · Decided May 31, 1995 · Glickstein, Klein, Stevenson

654 So. 2d 1299; 1995 Fla. App. LEXIS 5755; 1995 WL 322660 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Malone (Fla. Dist. Ct. App. 2010)

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

STEVENSON, Judge.

The State of Florida argues and the defendant below concedes that the trial court erred in sentencing defendant as a youthful offender where defendant was over the age of 21 when the offenses were committed. See § 958.04(1), Fla.Stat. (1993). Therefore, we vacate this illegal sentence. Because the trial court intimated quite clearly to defendant prior to the entry of the plea that it was going to sentence him as a youthful offender if defendant pled guilty, we remand this case to the trial court to give defendant the oppor*1300tunity to withdraw his plea prior to resen-tencing.

Reversed and remanded.

GLICKSTEIN and KLEIN, JJ., concur.

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