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401 So. 2d 943

Fuller v. State

District Court of Appeal of Florida · decided 1981-08-05

Cited by 1 later decisions — most recently January 2000

1 state decisions

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n · 387 So. 2d 385 - Killian v. State · Warren v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-08-05

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DAUKSCH, Chief Judge.

¶1This is an appeal from a sentence. The appellant, because of his age and because he met the other statutory criteria, was entitled to be sentenced as a youthful offender under section 958.04, Florida Statutes (1979). Abram v. State, No. TT-193 (Fla. 1st DCA April 14, 1981) [1981 F.L.W. 879]; Warren v. State, 391 So.2d 775 (Fla. 4th DCA 1980); Killian v. State, 387 So.2d 385 (Fla. 2d DCA 1980).

¶2When this question was raised below, apparently the trial court felt that because the appellant was first placed on probation, then violated it and came up for sentencing that he was not entitled to the benefits of the statute. We can find no legal basis or logic for that conclusion, especially since our Supreme Court has ruled in Villery v. The Florida Parole and Probation Commission, 396 So.2d 1107 (Fla.1981) that placing a person on probation is not a sentence.

¶3SENTENCE REVERSED AND REMANDED FOR RESENTENCING.

COBB and SHARP, JJ., concur.
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