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SMITH v. STATE

No. 80-904.

412 So.2d 47 (1982)

Reginald L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 7, 1982.

Attorney(s) appearing for the Case

Thomas E. Bevis of Bevis & Disney, Deland, for appellant.

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

ORFINGER, Judge.

Appellant contends that he should have been sentenced as a youthful offender under section 948.04, Florida Statutes (1979), following his conviction for sexual battery under section 794.011(5), Florida Statutes (1979). The record clearly shows that he was seventeen years old at the time of the offense, so under the statute in effect at that time, he was mandatorily entitled to be sentenced as a youthful offender...

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