ERNEST EUGENE CRUCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ERNEST EUGENE CRUCE, APPELLANT,
STATE OF FLORIDA, APPELLEE
432 So. 2d 734
Florida District Court of Appeal, Fourth District (1983)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Upon 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.
ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984)…fect on the result in this case; had they sought review before committing any violation, we would merely have directed modification of the order of probation to reflect that they were to be placed in a community control program as in Cruce v. State, 432 So. 2d 734 (Fla. 4th DCA 1983). The circuit court’s improvident action in the present cases had no prejudicial effect on appellants, since the crucial effect of the orders in these cases was to provide for appellants’ spending only a portion of their original…
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Andrews v. State, 448 So. 2d 551 (Fla. 4th DCA 1984)…t to the Department of Corrections upon authority of Dunlap v. State, supra. However, we note that the placement of appellant on probation after his period of imprisonment was inappropriate and must be modified. As the court said in Cruce v. State, 432 So. 2d 734 (Fla. 4th DCA 1983): “ ‘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 cause is remanded for modification of sentence. In…
Authorities Cited
- Davis v. State, 411 So. 2d 312 (Fla. 3d DCA 1982)
- Merit Publ'ns, Inc. v. Compact Publ'ns, Inc., 411 So. 2d 312 (Fla. 3d DCA 1982)