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BROWN v. STATE

No. 80-2200.

414 So.2d 286 (1982)

Cecil BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 26, 1982.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Judge.

Cecil Brown contests the trial court's refusal to sentence him pursuant to section 958.04, Florida Statutes (1979), the Youthful Offender Act. Following his conviction for second degree murder, Brown moved for sentencing under the Act. At the sentencing hearing the trial judge considered a predisposition report prepared by the Department of Health and Rehabilitative Services. This report recounted Brown's prior record and contained a recommendation...

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