Brown v. State

DANAHY, Judge.

Cecil Brown contests the trial court’s refusal to sentence him pursuant to section 958.04, Florida Statutes (1979), the Youthful Offender Act. Following his conviction for second degree murder, Brown moved for sentencing under the Act. At the sentencing hearing the trial judge considered a predisposition report prepared by the Department of Health and Rehabilitative Services. This report recounted Brown’s prior record and contained a recommendation that he be turned over to the Department of Corrections. Despite this, Brown’s counsel argued that he should be classified as a…