Markeise Baker v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MARKEISE DEANDRE BAKER, Appellant, v. Case No. 5D12-4282 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 16, 2013 Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge. James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm that part of the order under review holding that Appellant, Markeise Deandre Baker, violated his probation. We also affirm the sentence imposed. However, because Defendant was originally sentenced as a youthful offender, the trial court erred in removing the youthful offender status at sentencing. See Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012). We note that the State properly concedes this error. Accordingly, we remand this case to the trial court to enter a corrected order reinstating Defendant s youthful offender designation. AFFIRMED; REMANDED for entry of a corrected order. GRIFFIN, SAWAYA and BERGER, JJ., concur. 2

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