Waites v. State

Defendant was convicted of attempted burglary and sentenced to fifteen years in prison. We conclude that defendant’s conviction should be affirmed. The sentence, however, is illegal for two reasons: (1) it exceeds the maximum period provided by law and (2) it contravenes defendant’s entitlement to youthful offender treatment. Accordingly, we affirm the conviction but reverse the sentence and remand for resen-tencing.

Section 777.04(4)(c), Florida Statutes (1979), indicates that an attempt to commit *300“any burglary” is a felony of the third degree. Williams v. State, 386 So.2d 631 (Fla.2d DCA…