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GREEN v. STATE

No. 81-1025.

409 So.2d 1215 (1982)

Ronald GREEN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 23, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Deborah Whisnant, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, BASKIN and JORGENSON, JJ.

PER CURIAM.

Following a jury trial, Ronald Green was sentenced to fifteen years in the State Penitentiary on a charge of aggravated battery. The only point on appeal is Green's complaint that the trial court erred in not sentencing him under the provisions of Section 958.04, Florida Statutes (Supp. 1978), the Florida Youthful Offender Act. We find merit in his contention and reverse.

The crime for which Green was found guilty took place on August 17, 1980...

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