CYRUS v. STATE

No. 81-2649.

416 So.2d 49 (1982)

Carl CYRUS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 6, 1982.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rory S. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Calianne P. Lantz, Asst. Atty. Gen., for appellee.

Before BARKDULL, SCHWARTZ and BASKIN, JJ.


BASKIN, Judge.

Defendant Carl Cyrus appeals the summary denial of his motion to vacate, set aside or correct the portion of his sentence which required him to serve a mandatory minimum of three years incarceration prior to becoming eligible for parole. We agree that the three-year mandatory minimum exceeded the mandatory minimum authorized by the Youthful Offender Act, section 958.05, Florida Statutes (1981); Whitlock v. State, 404 So.2d 795...

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