Stewart v. State

Appellant, Kelly E. Stewart, appeals the denial of his Florida Rule of Criminal Pro*1260cedure 3.800(b)(2) motion, arguing that the trial court imposed a sentence on one count in excess of the maximum authorized by law, and that the court mistakenly believed it had no discretion to impose a youthful offender sentence in this case. The State properly concedes error on both points.

Stewart entered a nolo contendere plea to charges of principal to robbery with a deadly weapon, a first-degree felony; principal to burglary of a structure with assault, a first-degree felony; and principal to aggravated…