ISAIAH DUNBAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A youthful offender whose probation is revoked for technical violations can only be sentenced to a total of six years.
Isaiah Dunbar's probation was revoked for technical violations including failure to pay costs, report, seek employment, and obtain a GED. He was origi…
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QUINCE, Judge.
Isaiah Dunbar challenges consecutive six year sentences imposed by the trial court upon revocation of his probation. We reverse and remand for imposition of concurrent sentences.
Dunbar was originally sentenced as a youthful offender to concurrent terms of four years of probation followed by two years of community control on two counts of attempted second-degree murder. Thereafter, his probation was revoked for failing to pay the costs of supervision, for not reporting, for not seeking employment, and for not trying to get a GED. Dunbar was sentenced to consecutive six year terms of imprisonment with credit for time served on count I only.
Since Dunbar’s probation was revoked for technical violations, he can only be sentenced to a total of six years. State v. Arnette, 604 So. 2d 482 (Fla.1992); Young v. State, 654 So. 2d 1206 (Fla. 5th DCA 1995); Darden v. State, 641 So. 2d 431 (Fla. 2d DCA 1994). A youthful offender can be sentenced in excess of six years after revocation of probation if the violation was substantive. See § 958.14, Fla.Stat. (1993); Reeves v. State, 605 So. 2d 562 (Fla. 2d DCA 1992).
The consecutive sentences are reversed with directions to impose concurrent sentences with the appropriate credit for time served.
CAMPBELL, A.C.J., and PARKER, J., concur.
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Citator
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State v. Meeks, 789 So. 2d 982 (Fla. 2001)…(Fla. 3d DCA 2000); Johnson v. State, 736 So. 2d 708 (Fla. 2d DCA 1999); Robinson v. State, 702 So. 2d 1346 (Fla. 5th DCA 1997); Hill v. State, 692 So. 2d 277 (Fla. 5th DCA 1997); Johnson v. State, 678 So. 2d 934 (Fla. 3d DCA 1996); Dunbar v. State, 664 So. 2d 1093 (Fla. 2d DCA 1995); Reeves v. State, 605 So. 2d 562 (Fla. 2d DCA 1992). While no Florida decision until Meeks had undertaken the task of specifically defining “substantive” or “technical/nonsubstantive,” we do gain some insight through an analysis o…
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Treymone Goldwire v. State, 73 So. 3d 844 (Fla. 4th DCA 2011)…offender maximum sentences); Johnson v. State, 678 So. 2d 934, 934-35 (Fla. 3d DCA 1996) (providing that a youthful offender may be sentenced as a non-youthful offender for commission of a substantive violation while on probation); Dunbar v. State, 664 So. 2d 1093, 1094 (Fla. 2d DCA 1995)). Accordingly, it is within the trial court’s discretion to determine whether a youthful offender should be sentenced as such, or if it should impose a non-youthful offender sentence when a substantive violation occurs. Ther…
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Meeks v. State, 754 So. 2d 101 (Fla. 1st DCA 2000)…e violation); Johnson v. State, 678 So. 2d 934 (Fla. 3d DCA 1996) (youthful offender’s commission of grand theft, burglary, possession of burglary tools and resisting arrest without violence determined to be substantive violations); Dunbar v. State, 664 So. 2d 1093 (Fla. 2d DCA 1995) (youthful offender’s failure to pay the costs of supervision of probation, for not reporting, for not seeking employment, and for not trying to get a GED, determined to be technical violations). For the above reasons, we conclude…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Arnette, 604 So. 2d 482 (Fla. 1992)
- Reeves v. State, 605 So. 2d 562 (Fla. 2d DCA 1992)
- Darden v. State, 641 So. 2d 431 (Fla. 2d DCA 1994)
- Young v. State, 654 So. 2d 1206 (Fla. 5th DCA 1995)