DARRELL EUGENE NEWBERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed a trial court's refusal to re-sentence a youthful offender as such after probation revocation, holding that youthful offender sentencing must be imposed upon re-sentencing following probation violation.
A trial court must sentence a probation violator as a youthful offender if the defendant was originally adjudicated a youthful offender, absent changed circumstances.
[1] A trial court must re-sentence a probation violator as a youthful offender if the defendant was originally adjudicated a youthful offender under Florida Statutes Section…
[2] A condition of parole restricting a parolee from returning to a specific county is an improper sentencing condition.
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Join FLexlaw to unlock all legal intelligenceNewberry pleaded nolo contendere to vehicular manslaughter, was adjudicated a youthful offender, and sentenced to five years with three years in priso…
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PER CURIAM.
After entering a plea of nolo contendere to vehicular manslaughter, appellant was adjudicated a youthful offender and sentenced to five years in the state prison, but after serving three years, appellant was to be placed on probation for the remaining two years. Subsequently, appellant violated his probation, which was then revoked. He sought to be sentenced as a youthful offender pursuant to Section 958.05, Florida Statutes (1979) but the court declined, sentencing him to five years in prison with credit for time served with the proviso that should appellant be paroled he not return to Suwannee County, Florida.
We agree with appellant’s contention that the trial court erred in refusing to sentence him again as a youthful offender. Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983), opinion filed August 12, 1983 [8 FLW 2056], petition for review docketed, Case No. 64,146 (Fla. August 23, 1983). The state agrees with the appellant that the portion of the judgment and sentence directing that appellant may not return to Suwannee County if he is paroled should be stricken. See, Lee v. State, 429 So. 2d 813 (Fla. 2nd DCA 1983).
Accordingly, the judgment and sentence is REVERSED and REMANDED for re-sentencing in accordance with this opinion.
LARRY G. SMITH, WIGGINTON and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983)
- LEE v. State, 429 So. 2d 813 (Fla. 2d DCA 1983)