Holbert v. State

ON MOTION FOR REHEARING

Following the issuance of our decision in this case, Mr. Holbert filed a motion for rehearing. As authority for the motion, he cited to this court’s opinion in Fuller v. State, 401 So.2d 943 (Fla. 5th DCA 1981). On the authority of Fuller, we grant rehearing, withdraw our previous decision, and substitute the following in its place.

Mr. Holbert appeals his sentence which was imposed upon his conviction for violating his probation, arguing that he was entitled to be sentenced as a youthful of*1058fender under section 958.04 of the Florida Statutes (1997). Our review of the…