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654 So. 2d 1299

State v. Smith

District Court of Appeal of Florida · decided 1995-05-31

Decided 1995-05-31

STEVENSON, Judge.

¶1The State of Florida argues and the defendant below concedes that the trial court erred in sentencing defendant as a youthful offender where defendant was over the age of 21 when the offenses were committed. See § 958.04(1), Fla.Stat. (1993). Therefore, we vacate this illegal sentence. Because the trial court intimated quite clearly to defendant prior to the entry of the plea that it was going to sentence him as a youthful offender if defendant pled guilty, we remand this case to the trial court to give defendant the oppor*1300tunity to withdraw his plea prior to resen-tencing.

¶2Reversed and remanded.

GLICKSTEIN and KLEIN, JJ., concur.
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