FRED LORENZO BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
AFFIRMED. Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984); Spurlock v. State, 449 So. 2d 973 (Fla. 5th DCA 1984). Cf. Lollis v. State, 449 So. 2d 430 (Fla. 2d DCA 1984).
Finding that this decision passes upon questions of great public importance, we certify to the Supreme Court of Florida the same questions certified in Clem v. State, supra:
1. WHEN A PERSON IS SENTENCED AS A YOUTHFUL OFFENDER PURSUANT TO CHAPTER 958.05(2), FLORIDA STATUTES (1979), DOES THE CIRCUIT COURT HAVE JURISDICTION TO REVOKE THE COMMUNITY CONTROL PROGRAM STATUS OF THAT PERSON?
2. IF THE ANSWER TO THE FOREGOING QUESTION IS IN THE POSITIVE, MAY THE CIRCUIT COURT, UPON REVOCATION OF A YOUTHFUL OFFENDER’S COMMUNITY CONTROL PROGRAM STATUS, TREAT THE DEFENDANT AS THOUGH IT HAD NEVER PLACED HIM IN COMMUNITY CONTROL AND SENTENCE HIM IN ACCORDANCE WITH SECTION 948.06(1), FLORIDA STATUTES?
SMITH, ZEHMER and BARFIELD, JJ., concur.
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Cited By (15 total)
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Brooks v. State, 478 So. 2d 1052 (Fla. 1985)…EHRLICH, Justice. We have for consideration the following questions certified to us in Brooks v. State, 461 So. 2d 995 (Fla. 1st DCA 1984), as being of great public importance: 1. When a person is sentenced as a youthful offender pursuant to chapter 958.05(2), Florida Statutes (1979), does the circuit court have jurisdiction to revoke the community control status o…
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State v. Watts, 558 So. 2d 994 (Fla. 1990)…t decisions questioned whether a circuit court could resentence a youthful offender as an adult upon revocation of youthful offender status and revocation of community control. See Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984); Brooks v. State, 461 So. 2d 995 (Fla. 1st DCA 1984), approved, 478 So. 2d 1052 (Fla.1985). We agree with Watson, in which the court said: [T]he only logical conclusion is that the legislature intended to change the case law interpretation of § 958.14, or in any event to change th…
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Watson v. State, 528 So. 2d 101 (Fla. 1st DCA 1988)…ad the option of continuing the youthful offender status of the defendant or resen-tencing the defendant as an adult. See, e.g., Crosby v. State, 487 So. 2d 416 (Fla. 2d DCA 1986); Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984); Brooks v. State, 461 So. 2d 995 (Fla. 1st DCA 1984) (Brooks I). In Brooks I and Clem the courts certified to the supreme court the question whether the circuit court could, under the law existing prior to the 1985 amendment, resen-tence a youthful offender as an adult upon the rev…
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- Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984)
- Spurlock v. State, 449 So. 2d 973 (Fla. 5th DCA 1984)
- Lollis v. State, 449 So. 2d 430 (Fla. 2d DCA 1984)