Cruce v. State, 432 So. 2d 734

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.

Case Details

Case Name: Cruce v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 8, 1983

Citations: 432 So. 2d 734; 1983 Fla. App. LEXIS 19993; No. 82-836

Docket Number: No. 82-836

Court Abbreviation: Fla. Dist. Ct. App.