STURGES v. STATE

No. 4D07-463.

980 So.2d 1108 (2008)

Michael STURGES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 13, 2008.


Attorney(s) appearing for the Case

Fred Haddad of Fred Haddad, P.A., Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

In sentencing appellant for aggravated assault with a deadly weapon, the trial court treated appellant as a youthful offender, imposing a sentence of 364 days in prison, anger management, and five years of sex offender probation pursuant to sections 948.30 and 948.31, Florida Statutes (2005). This was error, as aggravated assault is not one of the enumerated felonies for which those statutory provisions are imposed. See § 948.30(1), Fla...

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