STATE v. BUTLER

No. 97-4028.

719 So.2d 344 (1998)

STATE of Florida, Appellant, v. Daniel BUTLER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 27, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Rochelle L. Lewis, Assistant Attorney General, West Palm Beach, for appellant.

Jeffrey M. Harris, Fort Lauderdale, for appellee.


FARMER, Judge.

Defendant pleaded nolo contendere to a charge of robbery and was sentenced under the Florida Youthful Offender Statute (YOS).1 The trial court withheld adjudication, but sentenced him to 18 months in prison, followed by 1 year on probation. This appeal follows.

Both parties agree that the defendant was sentenced pursuant to section 958.04(2)(c), of the Youthful Offender Statute, which provides that:

"The...

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