TIMOTHY WAYNE BARNHILL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court affirmed that a person convicted of multiple felonies is not entitled to mandatory classification as a youthful offender under the Youthful Offender Act, even if the convictions arise from a single criminal episode. The Court rejected the argument that simultaneous convictions of different felonies should be treated differently than sequential convictions for purposes of youthful offender eligibility.
A person convicted of multiple felonies is excluded from mandatory classification as a youthful offender, regardless of whether the convictions arise from a single criminal episode. The simultaneous conviction of multiple felonies, each carrying different degrees of seriousness and punishments, removes a defendant from the protection of mandatory youthful offender classification.
[1] A person convicted of more than one felony is not entitled to mandatory classification as a youthful offender, even if the convictions arise from a single criminal episod…
[2] The commission of multiple felonies, regardless of whether they stem from the same criminal episode, can exclude an offender from mandatory sentencing under the Youthful…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We agree with the district court that there is no reason why a person who is convicted of more than one felony should be entitled to mandatory classification as a youthful offender simply because the convictions arise from a single criminal episode.”
Establishes the Court's core holding that multiple convictions defeat youthful offender eligibility regardless of whether they stem from the same criminal episode.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTimothy Wayne Barnhill pleaded no contest to kidnapping and attempted first-degree murder arising from a single criminal episode involving the same vi…
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BOYD, Justice.
This cause is before us to review the decision of the district court of appeal in Barnhill v. State, 393 So. 2d 557 (Fla. 4th DCA 1980), which passed upon a question certified to be of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Appellant pleaded no contest to charges of kidnapping and attempted first-degree murder which arose from a single criminal episode involving the same victim. The trial court sentenced appellant to four years incarceration and two years in a community control program under the Youthful Offender Act for kidnapping and twenty years of incarceration for attempted first degree murder. Appellant filed a Motion to Correct Sentence, claiming that he was entitled to be sentenced under the Youthful Offender Act for both convictions. The motion was denied, and he appealed.
The District Court of Appeal, Fourth District, affirmed the conviction and sentence, stating that appellant was not entitled to mandatory sentencing under the Youthful Offender Act for either conviction because he was found guilty of more than one felony at the time of sentencing. On rehearing the district court noted that the District Court of Appeal, First District, in Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980), had certified to this Court the question of whether simultaneous convictions of two felonies could exclude a person from mandatory classification as a youthful offender. Appellant asked the district court to certify a similar question, but unlike in Goodson to specify that the convictions arose from the same criminal episode. The district court denied the request and certified the question as follows: P> a person excluded from mandatory classification under section 958.04(2)(a), Florida Statutes (Supp.1978), when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies?
393 So. 2d at 561.
We agree with the district court that there is no reason why a person who is convicted of more than one felony should be entitled to mandatory classification as a youthful offender simply because the convictions arise from a single criminal episode. The fact still remains that the person has committed distinctly different crimes with unrelated degrees of seriousness and accordant punishments. Since the question, as certified by the district court, has been answered in the affirmative in State v. Goodson, 403 So. 2d 1337 (Fla.1981), we affirm.
It is so ordered.
ADKINS, Acting C. J., and OVERTON, ALDERMAN and McDONALD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Evans v. State, 427 So. 2d 308 (Fla. 3d DCA 1983)…ntitled to mandatory classification, State v. Goodson, 403 So. 2d 1337 (Fla.1981), under either of the felonies, Abram v. State, 408 So. 2d 215 (Fla.1981), notwithstanding that the convictions arise from a single criminal episode. Barnhill v. State, 406 So. 2d 1112 (Fla.1981); Flores v. State, 406 So. 2d 58 (Fla. 3d DCA 1981). Affirmed.…
Authorities Cited
- State v. Goodson, 403 So. 2d 1337 (Fla. 1981)
- Goodson v. State, 392 So. 2d 1335 (Fla. 1st DCA 1980)
- Chatman v. State, 393 So. 2d 557 (Fla. 4th DCA 1980)
- Barnhill v. State, 393 So. 2d 557 (Fla. 4th DCA 1980)