WILLIAM R. HOLMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM R. HOLMES, APPELLANT,
STATE OF FLORIDA, APPELLEE
405 So. 2d 436
Florida District Court of Appeal, Fifth District (1981)
Negative Treatment
Cited by 14 cases
Opinion of the Court
DAUKSCH, 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 case law.
SENTENCE VACATED AND REMANDED.
ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Bentley v. State, 411 So. 2d 1361 (Fla. 5th DCA 1982)…nerally 26 Fla.Jur. Public Officers § 188 (1959); 23 Fla.Jur.2d Evidence and Witness §§ 91, 93 (1980). . See, e.g., Boozer v. State, 402 So. 2d 585 (Fla. 5th DCA 1981); Leftwich v. State, 399 So. 2d 496 (Fla. 5th DCA 1981). .See Williams v. State, 405 So. 2d 436 (Fla. 1st DCA 1981).…
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Beech v. State, 411 So. 2d 1384 (Fla. 1st DCA 1982)…ized the trial court upon resentencing to impose any sentence of imprisonment that did not exceed the total period of incarceration and probation originally given. Gomez v. State, 409 So. 2d 1096 (Fla. 3d DCA 1982) [1982 FLW 314]; Williams v. State, 405 So. 2d 436 (Fla. 1st DCA 1981); and Lewis v. State, 402 So. 2d 482 (Fla. 2d DCA 1981). Neither of the sentences of the appellants in this case exceed the total term of incarceration and probation originally imposed. In view of the fact that Pearce was decided…
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Adams v. State, 414 So. 2d 1079 (Fla. 1st DCA 1982)…rmatively explicating the new factual material forming the basis of the sentence. Pearce is inapplicable to this case because appellant’s resentence of ten years does not exceed the entire term of fifteen years previously imposed. Williams v. State, 405 So. 2d 436, 437 (Fla. 1st DCA 1981); see Lewis v. State, 402 So. 2d 482 (Fla. 2d DCA 1981); Noles v. State, 407 So. 2d 370 (Fla. 2d DCA 1981); Joyce v. State, 404 So. 2d 850 (Fla. 4th DCA 1981). BOOTH and WENTWORTH, JJ., concur. SHAW, J., dissents in part…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980)
- Davenport v. State, 396 So. 2d 232 (Fla. 1st DCA 1981)
- Evans v. State, 398 So. 2d 1018 (Fla. 5th DCA 1981)