PHILLIP ANTHONY BRANDLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Designated a youthful offender, defendant was placed on probation for a period of three years. Subsequently, as a result of a probation violation, the trial court revoked probation and imposed a sentence of eight years.
The order revoking probation is affirmed on the authority of Watson v. State, 388 So. 2d 15 (Fla. 4th DCA 1980). The eight year sentence, however, is reversed. Defendant’s designation as a youthful offender as defined by the Florida Youthful Offender Act, Sections 958.011-15, Florida Statutes (1979), requires that a subsequent period of incarceration be consistent with the limitations set forth in the act. See Section 958.05(2), Florida Statutes (1979); Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA 1981).
Therefore, the case is reversed and remanded for imposition of a new sentence consistent with this opinion.
DOWNEY, ANSTEAD and HURLEY, JJ., concur.
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State v. Arnette, 604 So. 2d 482 (Fla. 1992)…491 (Fla. 2d DCA 1985); Clem v. State, 462 So. 2d 1134 (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…
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Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983)…ffender, he must be sentenced in accordance with the act. 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 atte…
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Johnson v. State, 482 So. 2d 398 (Fla. 5th DCA 1985)…ender’s term of incarceration is limited by section 958.05(2) to four years. See, e.g., Lane v. State, 470 So. 2d 30 (Fla. 5th DCA 1985); Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983), review denied, 443 So. 2d 980 (Fla.1984); Brandle v. State, 406 So. 2d 1221 (Fla. 4th DCA 1981).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Watson v. State, 388 So. 2d 15 (Fla. 4th DCA 1980)
- Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA 1981)