Cruce v. State, 82-836
| Citation | 432 So.2d 734 |
| Decision Date | 08 June 1983 |
| Docket Number | No. 82-836,82-836 |
| Parties | Ernest Eugene CRUCE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Indian River County; Royce R. Lewis, judge.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.
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.
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Clem v. State, s. 81-2243
...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......
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Andrews v. State, 80-1563
...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......