Green v. State

Following a jury trial, Ronald Green was sentenced to fifteen years in the State Penitentiary on a charge of aggravated battery. The only point on appeal is Green’s complaint that the trial court erred in not sentencing him under the provisions of Section 958.04, Florida Statutes (Supp.1978), the Florida Youthful Offender Act. We find merit in his contention and reverse.

The crime for which Green was found guilty took place on August 17, 1980, at a time when the provisions of the Florida Youthful Offender Act were mandatory if a defendant were otherwise qualified. The state concedes the…