ELLERBY v. STATE

No. 81-262.

404 So.2d 1150 (1981)

David L. ELLERBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 21, 1981.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Thomas R. Mott, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Judge.

Appellant pled guilty to the offense of robbery in violation of section 812.13(2)(c), Florida Statutes (1979). Although the presentence investigation indicated that appellant met the statutory criteria of a youthful offender as established in section 958.04, Florida Statutes (1979), the trial judge refused appellant's request to be sentenced under that statute and sentenced appellant to ten years imprisonment with credit for time previously served. The...

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