MILBRY v. STATE

No. 83-1627.

469 So.2d 137 (1984)

Livingston MILBRY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 18, 1984.


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 G. Bart Billbrough, Asst. Atty. Gen., for appellee.

Before BARKDULL and HUBBART and JORGENSON, JJ.


PER CURIAM.

This is an appeal from an adjudication and sentence for the crime of second degree grand theft. The sole point on appeal is that the trial court erred in sentencing the defendant, as a youthful offender under Section 958.05, Florida Statutes (1983), to four years imprisonment plus two years of community control because this six-year combination of imprisonment and probation exceeds the statutory maximum of five years imprisonment for second degree grand...

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