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BROWN v. STATE
District Court of Appeal of Florida, Fourth District.
Sep 14, 1983
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PER CURIAM.
We affirm appellant's conviction but agree that the sentence, which was predicated upon classification of the appellant as a youthful offender, was excessive. The state concedes this sentencing error on appeal. Specifically, the youthful offender scheme provides for a maximum commitment of six (6) years, section 958.05(2), Florida Statutes (1979), and that the term have no more than a one year minimum mandatory provision, section 958.05(3). The sentence imposed herein exceeds these limits.
Accordingly, we affirm the judgment but vacate the sentence and remand for a new sentence in accord with this opinion.
ANSTEAD, C.J., BERANEK, J., and COCALIS, PATRICIA W., Associate Judge, concur.
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