STATE OF FLORIDA, APPELLANT,
v.
ELDRIDGE PIZARRO, APPELLEE
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BERANEK, Judge.
After further considering the record, briefs, and reargument of counsel, we grant the State of Florida’s motion for rehearing and withdraw our opinion issued on January 23, 1980.
The trial court sentenced defendant on December 1,1978, pursuant to the Youthful Offender Act contained in Sections 958.011 through 958.15, Florida Statutes (Supp. 1978). The State appealed, contesting the trial court’s application of the Act to crimes committed prior to its effective date of October 1, 1978. Alternatively, the State argues that if the Act is retroactive, its application is discretionary.
Florida law provides that the punishment in effect at the time of the crime controls the penalty at sentencing. Castle v. State, 305 So. 2d 794 (Fla. 4th DCA 1975), affirmed, 330 So. 2d 10 (Fla.1976). In fact, retroactive application of an amended or repealed statute affecting prosecution or punishment is unconstitutional. Article X, Section 9, Florida Constitution. Only procedural or remedial statutory changes may be applied to pending cases. McShay v. State, 321 So. 2d 464 (Fla. 4th DCA 1975). Since the Youthful Offender Act alters the prescribed punishments for those persons meeting its requirements, it cannot apply to offenses committed prior to its effective date. See Ellis v. State, 298 So. 2d 527 (Fla. 2d DCA 1974); Allen v. State, 383 So. 2d 674 (Fla. 5th DCA Case No. 78-2299/T4-266, opinion filed April 16, 1980).
In view of the foregoing, it is unnecessary to reach the question of whether the Act is discretionary or mandatory under the particular facts of this case.
Accordingly, the sentence appealed from is vacated and the cause remanded with directions to resentence defendant.
REVERSED AND REMANDED.
MOORE and HURLEY, JJ., concur.
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Eve Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980)…g factors are found to exist. § 958.-05(3), Fla.Stat. (Supp.1978). . The Fourth District Court of Appeal recently held that the Florida Youthful Offender Act must be utilized where the defendant meets all eligibility requirements. State v. Pizarro, 383 So. 2d 762 (Fla. 4th DCA 1980) (Case No. 78-2793, opinion filed January 23, 1980). . Section 775.087(1) requires that the defendant carry, display, use, threaten or attempt to use the weapon or firearm; Section 775.087(2) requires that the defendant have in h…
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State v. Watts, 558 So. 2d 994 (Fla. 1990)…; Dixon v. State, 546 So. 2d at 1194; Watson v. State, 528 So. 2d at 101. However, the state argues that Watts and Smith should not benefit from the 1985 amendment, relying instead on Castle v. State, 330 So. 2d 10 (Fla.1976), and State v. Pizarro, 383 So. 2d 762 (Fla. 4th DCA 1980) (on rehearing), which construed article X, section 9 of the Florida Constitution. Article X, section 9, provides: Repeal or amendment of a criminal statute shall not affect prosecution or punishment for any crime previously comm…
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Munroe v. State, 514 So. 2d 397 (Fla. 1st DCA 1987)…portions of the schedule of lesser included offenses). Regardless of any changes subsequently made in the schedule, we are bound by the law in effect at the time of the appellant's trial. Castle v. State, 330 So. 2d 10 (Fla.1976); State v. Pizarro, 383 So. 2d 762 (Fla. 4th DCA 1980).…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Darion Northrup Castle v. State, 330 So. 2d 10 (Fla. 1976)
- Darion Northrup Castle v. State, 305 So. 2d 794 (Fla. 4th DCA 1974)
- Ellis v. State, 298 So. 2d 527 (Fla. 2d DCA 1974)
- Allen v. State, 383 So. 2d 674 (Fla. 5th DCA 1980)
- McSHAY v. State, 321 So. 2d 464 (Fla. 4th DCA 1975)