YOUNG v. STATE

No. 95-1815.

678 So.2d 427 (1996)

Kevin YOUNG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 31, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


STEVENSON, Judge.

The question in the present case is whether a defendant whose community control is revoked may be sentenced to a term of incarceration, which, when added to the time previously served on community control, exceeds the statutory maximum for the convicted offense. We answer the question with a reluctant yes.

Appellant, Kevin Young, was sentenced as a youthful offender to serve concurrent terms of two and a half years in prison to be followed...

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