Cruce v. State

Upon conviction for aggravated battery, the defendant was sentenced to three years incarceration to be followed by two years probation. Because the trial court sentenced the defendant as a youthful offender, we must remand the cause for correction of sentence. As noted in Davis v. State, 411 So.2d 312 (Fla. 3d DCA 1982), “Chapter 958 authorizes defendant’s placement in a community control program upon completion of incarceration but does not authorize a term of probation.” Accordingly, the conviction is affirmed, but the cause is remanded for correction of the sentence.

ANSTEAD, GLICKSTEIN and…