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STATE v. DIERS

No. 71779.

532 So.2d 1271 (1988)

STATE of Florida, Petitioner, v. Raymond Eric DIERS, Respondent.

Supreme Court of Florida.

October 27, 1988.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen. and David R. Gemmer, Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender and Paul C. Helm, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for respondent.

McDONALD, Justice.

We review State v. Diers, 517 So.2d 788 (Fla. 2d DCA 1988), because of conflict with State v. Evans, 503 So.2d 985 (Fla. 5th DCA 1987). We have jurisdiction pursuant to article V, section 3(b)(3) of the state constitution. Diers held that the state could not appeal the sentence of a defendant sentenced pursuant to the Youthful Offender Act (section 958.04...

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