Opinion
No. 83-2014.
June 1, 1984.
Appeal from the Circuit Court, Polk County, W. Lowell Bray, Jr., J.
Jerry Hill, Public Defender and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
James K. Hudson appeals his conviction and sentence for burglary of a dwelling. After careful consideration of the various issues raised in this appeal, we conclude that the only point which requires comment concerns sentencing.
Following his conviction by a jury, Hudson was sentenced to two years imprisonment as a youthful offender, followed by four years community control, with credit for 46 days served. Sections 958.05 and 958.10, Florida Statutes (1983), provide that a youthful offender shall not be sentenced to a period of more than two years in a community control program. As the trial court exceeded the two-year limit on placement in a community control program, we must reverse that portion of the sentence and remand for imposition of a sentence conforming to the statutory provisions.
AFFIRMED in part, REVERSED in part, and REMANDED.
RYDER, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.