Lee v. State

399 So.2d 1027 (1981)

Richard Earl LEE, Appellant,

v.

STATE of Florida, Appellee.

No. WW-120.

District Court of Appeal of Florida, First District.

June 5, 1981.

Rehearing Denied July 7, 1981.

Carl S. McGinnes, Asst. Public Defender, for appellant.

Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.

Lee appeals the denial of his motion to correct his sentence, arguing that he was entitled to be resentenced pursuant to the Florida Youthful Offender Act, § 958, Fla. Stat.(1979). We agree and reverse.

The trial court's denial of relief was based upon two grounds: (1) that classification under the…