Smith v. State

ORFINGER, Judge.

Apj>ellant contends that he should have been sentenced as a youthful offender un*48der section 948.04, Florida Statutes (1979), following his conviction for sexual battery under section 794.011(5), Florida Statutes (1979). The record clearly shows that he was seventeen years old at the time of the offense, so under the statute in effect at that time, he was mandatorily entitled to be sentenced as a youthful offender, unless he had been previously found guilty of a felony or had been adjudicated guilty for an act which would be a capital, life or first degree felony if committed…