JAMES K. HUDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1984-06-01
No. 83-2014
RYDER, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.
450 So. 2d 603 Florida District Court of Appeal, Second District (1984) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

James K. Hudson appeals his conviction and sentence for burglary of a dwelling. After careful consideration of the various issues raised in this appeal, we conclude that the only point which requires comment concerns sentencing.

Following his conviction by a jury, Hudson was sentenced to two years imprisonment as a youthful offender, followed by four years community control, with credit for 46 days served. Sections 958.05 and 958.10, Florida Statutes (1983), provide that a youthful offender shall not be sentenced to a period of more than two years in a community control program. As the trial court exceeded the two-year limit on placement in a community control program, we must reverse that portion of the sentence and remand for imposition of a sentence conforming to the statutory provisions.

AFFIRMED in part, REVERSED in part, and REMANDED.

RYDER, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.


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  • Keast v. State, 472 So. 2d 855 (Fla. 3d DCA 1985)
    …asis of Hackney v. State, 456 So. 2d 1209 (Fla. 5th DCA 1984), and Massaro v. State, 449 So. 2d 1010 (Fla. 2d DCA 1984).1 We agree with appellant that the community-control portion of the sentence should not have exceeded two years. Hudson v. State, 450 So. 2d 603 (Fla. 2d DCA 1984); Conner v. State, 422 So. 2d 80 (Fla. 2d DCA 1982); § 958.05(2), Fla.Stat. (1983). Therefore, we remand to the trial court with directions to modify accordingly the community control portion of the sentence. Affirmed as modified…

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