Brown v. State

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.

Case Details

Case Name: Brown v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 6, 1983

Citation: 436 So. 2d 243

Docket Number: No. 82-952

Court Abbreviation: Fla. Dist. Ct. App.