BUTLER v. STATE

No. 88-469.

530 So.2d 324 (1988)

Marcus Duane BUTLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 9, 1988.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Nancye R. Crouch, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

After pleading guilty to strong arm robbery, appellant was sentenced as a youthful offender to serve 4 years with the Department of Corrections to be followed by 2 years of community control. After his release from incarceration he violated his community control and was resentenced to a term of 5 1/2 years' imprisonment, a guidelines sentence, with credit for time already served.

Appellant raises two issues. Relying on Wayne v. State,<...

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