LOREN HILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LOREN HILL, APPELLANT,
STATE OF FLORIDA, APPELLEE
698 So. 2d 931
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order summarily denying appellant’s motion for post-conviction relief under rule 3.800, Florida Rules of Criminal Procedure. If the trial court again denies relief on remand, it is directed to attach to its order those portions of the record which establish conclusively that appellant’s sentence did not exceed the maximum permitted by the Youthful Offender Act, sections 958.011 — 958.14, Florida Statutes (1993).
STONE, C.J., and GLICKSTEIN and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Johnson v. State, 726 So. 2d 359 (Fla. 1st DCA 1999)…tence was pronounced caused the sentences to exceed the statutory maximum for a youthful offender, rendering even the sentence on the armed burglary of a dwelling count illegal. See Hinson v. State, 709 So. 2d 629 (Fla. 1st DCA 1998); Hill v. State, 698 So. 2d 931 (Fla. 4th DCA 1997). Accordingly, we affirm both convictions, vacate the illegal sentences, and remand for resentencing. If the trial court simply orders credit for time served and reduces by a year the probationary portion of the sentence for gran…
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Hinson v. State, 709 So. 2d 629 (Fla. 1st DCA 1998)…te, No. 97-2879, — So. 2d - (Fla. 1st DCA February 17,1998) (reversing summary denial of untimely 3.850 claim that youthful offender sentence exceeded the six-year statutory maximum where record did not conclusively refute the claim); Hill v. State, 698 So. 2d 931 (Fla. 4th DCA 1997) (reversing summary denial of 3.800 claim that sentence exceeded maximum permitted by Youthful Offender Act where record did not conclusively refute the claim). We certify the following question to the Florida Supreme Court: Whe…
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Lubins Louissaint v. State, 727 So. 2d 403 (Fla. 3d DCA 1999)…offender. Because Louissaint’s sentence exceeds the statutory maximum permitted by the statute, his challenge to the legality of his sentence is cognizable by Rule 3.800 motion. See Hinson v. State, 709 So. 2d 629 (Fla. 1st DCA 1998); Hill v. State, 698 So. 2d 931 (Fla. 4th DCA 1997). See also Allen v. State, 526 So. 2d 69 (Fla.1988)(commitment as youthful offender exceeding six years is illegal). “We find no authority for' the proposition that a court may adjudicate or classify a defendant to be a youthful…
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