Waugh v. State, 406 So. 2d 1238

PER CURIAM.

Thomas Waugh was given a fifteen-year sentence for violation of Florida‘s Comprehensive Drug Abuse Prevention and Control Act. Later, he filed a motion to correct his illegal sentence alleging that he should have been sentenced as a youthful offender under section 958.04, Florida Statutes (1979). The trial judge‘s response was an order classifying appellant as a youthful offender. Once the judge has classified a party as a youthful offender it is incumbent upon him to sentence the party in accordance with the statute. State v. Goodson, 403 So.2d 1337 (Fla. 1981).

Appellant‘s conviction is affirmed. However, his sentence is remanded to the trial court for resentencing in appellant‘s presence so that he shall not be sentenced in excess of the maximum allowed under section 958.05, Florida Statutes (1979).

SCHEB, C.J., and CAMPBELL and SCHOONOVER, JJ., concur.

Case Details

Case Name: Waugh v. State

Court Name: District Court of Appeal of Florida

Date Published: Dec 4, 1981

Citations: 406 So. 2d 1238; 81-1234

Docket Number: 81-1234

Court Abbreviation: Fla. Dist. Ct. App.