HOGAN v. STATE

No. WW-400.

401 So.2d 1172 (1981)

John Arthur HOGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 11, 1981.


Attorney(s) appearing for the Case

Michael Minerva, Public Defender, David J. Busch, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Hogan appeals the denial of his motion to correct sentence, arguing that he was entitled to be resentenced pursuant to the Florida Youthful Offender Act, Section 958.011, et seq., Florida Statutes (1979). We agree and reverse.

The trial court ruled that Hogan's conviction for armed robbery precluded his treatment as a youthful offender. At the time of his order, the trial judge did not have the benefit of our ruling in Lee v. State,<...

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