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SLOAN v. STATE

No. 2D03-4782.

884 So.2d 378 (2004)

Joshua David SLOAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 10, 2004.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

COVINGTON, Judge.

Joshua David Sloan appeals the final judgment adjudicating him guilty of DUI manslaughter pursuant to section 316.193(3), Florida Statutes (2002). He argues the trial court erred in concluding it did not have discretion under the youthful offender statute to withhold adjudication. We agree and reverse.

Section 958.04, Florida Statutes (2002), "Judicial disposition of youthful offenders," provides:

(2) In lieu of other criminal penalties...

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