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STATE v. FLEMMINGS

Nos. 90-1798, 90-1805, 90-1811 and 90-1812.

579 So.2d 780 (1991)

The STATE of Florida, Appellant, v. Wayne FLEMMINGS, Demetric Landers, Eddie Moore, Andrew Brinson, Appellees.

District Court of Appeal of Florida, Third District.

May 7, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Avi Litwin, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Robert Kalter and Jeffery P. Raffle, Asst. Public Defenders, for appellees.

Before NESBITT, BASKIN and GODERICH, JJ.

PER CURIAM.

Claiming defendants were ineligible to be sentenced as youthful offenders, the state appeals the sentences ordered in the instant cases. We reverse.

The defendant juveniles were charged with and pled guilty to attempted murder with a deadly weapon and, over the state's objection, sentenced under the Youthful Offender Act. According to section 958.04(1)(c), Florida Statutes (1989), that act specifically excludes persons found guilty of life felonies...

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