WILLIE GEORGE EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAUKSCH, Chief Judge.
This is an appeal from a sentence. The appellant meets all of the requirements of section 958.04, Florida Statutes (1979), and is thus entitled to be sentenced as a youthful offender under that statute. The provisions of that sentencing act are mandatory in their terms in that subsection (2) says “A person shall be classified a youthful offender if such person meets the criteria of subsection (1) and such person . . .. ” meets additional criteria. The appellee urges the statute is discretionary in its terms because subsection (1) starts out by saying “The court may classify as a youthful offender any person ...” meeting certain criteria. The appellee neglects to read on to where it says in (2), as we pointed out, that if the person meets the first criteria and the second, then the person shall be classified as a youthful offender. We think shall means mandatory, in this instance, at least. See Murray v. State, 378 So. 2d 111, 112 (Fla. 5th DCA 1980) (Orfinger, J., concurring).
The sentence is reversed and this cause remanded for resentencing.
ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.
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Holmes v. State, 405 So. 2d 436 (Fla. 5th DCA 1981)…H, Chief Judge. This is an appeal from a sentence where the nineteen year old appellant was not afforded the statutory benefits under section 958.04, Florida Statutes (1979). He is entitled to classification as a youthful offender. Evans v. State, 398 So. 2d 1018 (Fla. 5th DCA 1981); Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980); Davenport v. State, 396 So. 2d 232 (Fla. 1st DCA 1981). The sentence is vacated and this cause is remanded for resentencing in accordance with the statute and applicable cas…
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Durden v. State, 407 So. 2d 1003 (Fla. 5th DCA 1981)…he had not been previously found guilty of a felony; or (b) he had never been adjudicated guilty for an act which would be a capital, life or first degree felony if committed by an adult. State v. Goodson, 403 So. 2d 1337 (Fla.1981); Evans v. State, 398 So. 2d 1018 (Fla. 5th DCA 1981). Appellant’s predisposition report shows two prior adjudications of delinquency for burglary, so if either of these acts would be first degree felonies2 if committed by adults, appellant would not have been entitled to the manda…
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Eldridge Pizarro v. State, 403 So. 2d 1364 (Fla. 4th DCA 1981)…GLICKSTEIN and HURLEY, JJ., concur. . The Youthful Offender Act formerly provided under Section 958.04(2) that if defendant met certain criteria he “shall be classified a youthful offender." This has been interpreted as directory. Evans v. State, 398 So. 2d 1018 (Fla. 5th DCA 1981); Goodson v. State, 392 So. 2d [*1365] 1335 (Fla. 1st DCA 1980). Section 958.04 was rewritten effective October 1, 1980, eliminating the mandatory language. . The Florida Supreme Court has recently held that double jeopardy’s pro…
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- Murray v. State, 378 So. 2d 111 (Fla. 5th DCA 1980)