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CONCEPTION v. STATE

No. 81-258.

405 So.2d 308 (1981)

Victor Ruiz CONCEPTION, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 4, 1981.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Max Rudmann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Defendant appeals his sentence of 15 years in prison based on a conviction of aggravated battery. In sentencing defendant, the trial court ruled that application of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), was discretionary. This court held the Act to be mandatory if the defendant meets the statutory criteria in Barnhill v. State, 393 So.2d 557 (Fla. 4th DCA 1980). The ruling of the...

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