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PRESTON v. STATE

No. 80-1332.

411 So.2d 297 (1982)

David PRESTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 23, 1982.

Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., FERGUSON, J., and MELVIN, WOODROW M. (Ret.) Associate Judge.

FERGUSON, Judge.

David Preston appeals from a court order denying his motion to correct the sentence imposed pursuant to a determination of probation violation. Preston claims that because he was originally entitled to designation as a youthful offender, he must be sentenced in accordance with the provisions of the Youthful Offender Act, Section 958.05, Florida Statutes (1979) upon revocation of probation imposed in adult court. We disagree.

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