Pizarro v. State

BERANEK, Judge.

Defendant appeals from two concurrent thirty-year sentences for burglary and attempted sexual battery imposed after remand from this court for resentencing in State v. Pizarro, 383 So.2d 762 (Fla. 4th DCA 1980). We affirm.

At the original sentencing, the judge ruled over the State’s objection that the sentencing provisions of the Youthful Offender Act, Section 958.05, Florida Statutes (1979), were mandatory since defendant met the criteria under Section 958.04(2), Florida Statutes (1979).1 The trial court *1365sentenced defendant to the maximum under the Act, six years — four years…