ERIC EARL GREENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in reimposing a 15-year sentence for the original burglary charge after revoking probation, as the appellant met the criteria for youthful offender classification.
Appellant was initially sentenced as a youthful offender for burglary. After probation revocation due to new robbery charges, the lower court reimpose…
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PER CURIAM.
Greene raises four points on appeal, three of which are without merit. However, we agree with appellant’s contention that he was improperly sentenced. He had initially been sentenced pursuant to an adjudication of guilt on a burglary charge pursuant to Section 958.04(2), Florida Statutes (1979), as a youthful offender. Subsequently, he was charged with three separate robberies which led to the revocation of his probation. After the lower court revoked his probation, it reimposed a 15-year sentence for the original burglary charge contrary to Section 958.04(2). In so sentencing the appellant, the trial court erred because he met all the criteria of Section 958.04(2), mandating that section’s application. See Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980); Abram v. State, no. TT-193 (Fla.1st DCA, April 14, 1981) [1981 FLW 879].
As in Goodson and Abram we certify the following question to the Supreme Court of the State of Florida as one of great public importance:
Does Section 958.04(2), Florida Statutes (1979), provide for mandatory classification if certain statutory prerequisites are satisfied? The case is reversed and remanded for proper sentencing consistent with this opinion. The lower court’s judgment is otherwise affirmed.
ERVIN, J., LILES, WOODIE A. (Retired), and PEARSON, TILLMAN (Retired), Associate Judges, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Arnette, 604 So. 2d 482 (Fla. 1992)…4 (Fla. 4th DCA 1984); James Crosby (II) v. State, 462 So. 2d 607 (Fla. 2d DCA 1985); Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983), rev. denied, 443 So. 2d 980 (Fla.1984); Brandle v. State, 406 So. 2d 1221 (Fla. 4th DCA 1981); Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA 1981), appeal dis’m., 406 So. 2d 1118 (Fla.1981). Arnette v. State, 566 So. 2d 1369, 1373-74 (Fla. 5th DCA 1990). . This opinion does not affect the sentence rendered as a penalty for this new crime. . Provided the crime is of the s…
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Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983)…ct. See Waugh v. State, 406 So. 2d 1238 (Fla. 2d DCA 1981). This also applies to sentences, such as the one herein, entered pursuant to a subsequent revocation of probation. See Brandle v. State, 406 So. 2d 1221 (Fla. 4th DCA 1982); Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA), pet. for rev. dismissed, 406 So. 2d 1118 (Fla.1981). Since defendant was originally classified as a youthful offender regarding the attempted sexual battery, his sentence for attempted sexual battery which was imposed upon revocation…
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Preston v. State, 411 So. 2d 297 (Fla. 3d DCA 1982)…e v. Goodson, 403 So. 2d 1337 (Fla.1981), the rule that a youthful offender who has violated probation may only be sentenced within the limitations of the Youthful Offender Act, Brandle v. State, 406 So. 2d 1221 (Fla. 4th DCA 1981); Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA 1981), should apply to him. Where, however, a defendant never sought designation as a youthful offender and was not sentenced to a period of incarceration, but was placed on probation, the terms of which he fully accepted, we hold that…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980)