STATE OF FLORIDA, APPELLANT,
v.
SCOTT CYPHERS, APPELLEE

Fla. 5th DCA | 1983-09-22
No. 82-841
DAUKSCH and SHARP, JJ., concur.
438 So. 2d 164 Florida District Court of Appeal, Fifth District (1983) Positive Treatment
Cited by 6 cases

Opinion of the Court
ORFINGER, Chief Judge.

ORFINGER, Chief Judge.

Reversed on the authority of State v. Hicks, 421 So. 2d 510 (Fla.1982).

DAUKSCH and SHARP, JJ., concur.


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  • Savino v. State, 447 So. 2d 411 (Fla. 5th DCA 1984)
    …enced by the trial court under the Youthful Offender Act to four years of incarceration and two years on probation. However, the Youthful Offender Act provides exclusive sanctions 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…
  • Verdell Hill, Jr. v. State, 438 So. 2d 513 (Fla. 5th DCA 1983)
    …y-enhanced charge under the robbery statute. It is a felony of the first degree. It cannot be reclassified under Section 775.087(1) because that statute specifically excludes such a felony (see the emphasized portion above). See also Maham v. State, 438 So. 2d 164 (Fla. 5th DCA 1983). We remand this case again, this time for a period of thirty days. The court is directed to hold a hearing with the defendant and his attorney present, to take evidence and make a complete record, and to decide whether the defen…
  • Kuey v. State, 564 So. 2d 286 (Fla. 5th DCA 1990)
    …ceed six years, including no more than four years incarceration and two years community control. See also State v. Gibron, 478 So. 2d 475 (Fla.2d DCA 1985) (sentence of ten years probation is illegal under the Youthful Offender Act), Maham v. State, 438 So. 2d 164 (Fla. 5th DCA 1983) (youthful offender sentences of seven years incarceration and ten years probation [*287] are illegal). Since the grounds raised in Kuey’s Motion for Post-Conviction Relief are legally sufficient, the trial judge erred in denying…

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