¶1Upon 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.
432 So. 2d 734
Cruce v. State
District Court of Appeal of Florida
Decided June 8, 1983
District Court of Appeal of Florida · decided 1983-06-08
Relies on 411 So. 2d 312 - Merit Publications, Inc. v. Compact Publications, Inc.
Decided 1983-06-08