Opinion
No. 82-952.
July 6, 1983. Clarification and/or Certification Denied September 14, 1983.
Appeal from the Circuit Court for Palm Beach County, Richard B. Burk, J.
Richard L. Jorandby, Public Defender, Gary Caldwell, Asst. Public Defender, and Barbara White, Legal Intern, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Debra Mann, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's conviction but agree that the sentence, which was predicated upon classification of the appellant as a youthful offender, was excessive. The state concedes this sentencing error on appeal. Specifically, the youthful offender scheme provides for a maximum commitment of six (6) years, section 958.05(2), Florida Statutes (1979), and that the term have no more than a one year minimum mandatory provision, section 958.05(3). The sentence imposed herein exceeds these limits.
Accordingly, we affirm the judgment but vacate the sentence and remand for a new sentence in accord with this opinion.
ANSTEAD, C.J., BERANEK, J., and COCALIS, PATRICIA W., Associate Judge, concur.