LEON DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-03-23
No. 81-712
Before SCHWARTZ, NESBITT and BASKIN, JJ.
411 So. 2d 312 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 2 cases
Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

Defendant Leon Davis was sentenced to serve four concurrent four-year terms of incarceration followed by concurrent two-year terms of probation. Because the trial court sentenced him pursuant to Chapter 958, Florida Statutes (1979) as a youthful offender, we must remand the cause for correction of his sentence. Chapter 958 authorizes defendant’s placement in a community control program upon completion of incarceration but does not authorize a term of probation. See Riley v. State, 407 So. 2d 967 (Fla. 2d DCA 1981); § 958.05(2), Fla. Stat. (1979).

Remanded for correction of the sentence.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Savino v. State, 447 So. 2d 411 (Fla. 5th DCA 1984)
    …for sentencing a juvenile pursuant to its provisions. Maham v. State, 438 So. 2d 164 (Fla. 5th DCA 1983). It directs that after serving a period of time in incarceration, a juvenile will be released into a community control program. Davis v. State, 411 So. 2d 312 (Fla. 3d DCA 1982); § 958.05, Fla.Stat. (1981). There is no provision for placing a juvenile on probation under the supervision of the Department. We amend Savino’s sentence to placement in a community control program following his incarceration, i…
  • Cruce v. State, 432 So. 2d 734 (Fla. 4th DCA 1983)
    …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 cor…

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