ELLIS v. STATE

No. AP-251.

436 So.2d 342 (1983)

Charles Henry ELLIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 12, 1983.


Attorney(s) appearing for the Case

Terry P. Lewis, Sp. Asst. Public Defender, Tallahassee, for appellant.

Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.


THOMPSON, Judge.

Defendant appeals his judgment and sentence for attempted sexual battery. Defendant argues that his six-year term of incarceration, imposed after he violated the terms and conditions of his Community Control Release Agreement as defined in the Youthful Offender Act, Chapter 958, Florida Statutes (1979), is contrary to the mandatory sentencing provisions of the Youthful Offender Act. We agree and reverse.

Defendant was classified as a youthful...

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