WESTMORELAND v. STATE

No. WW-118.

403 So.2d 990 (1981)

Anthony WESTMORELAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 13, 1981.


Attorney(s) appearing for the Case

Louis O. Frost, Jr., Public Defender, and William P. White, Asst. Public Defender, Jacksonville, for appellant.

Jim Smith, Atty. Gen., and Gregory C. Smith and Doris Jenkins, Asst. Attys. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant, Westmoreland, appeals from a judgment and sentence rendered below, wherein he received twenty years for second degree murder, alleging the trial court erred in failing to sentence him as a youthful offender. We agree with appellant and reverse.

Appellant was initially charged by information with murder in the second degree in September, 1979, only to have this trial terminated by a mistrial. Subsequently, in December, 1979, appellant...

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