CECIL RAY WILLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Cecil Ray Willis appeals his sentence imposed after violation of probation, arguing that the trial court erred in refusing to resentence him as a youthful offender. Under section 958.14, Florida Statutes (1997), a trial court may impose a non-youthful offender sentence on a youthful offender who commits violations of probation that involve new substantive offenses. See Hill v. State, 692 So. 2d 277 (Fla. 5th DCA 1997); Dunbar v. State, 664 So. 2d 1093 (Fla. 2d DCA 1995); Johnson v. State, 678 So. 2d 934 (Fla. 3d DCA 1996). Here, appellant violated his probation by committing two new substantive offenses. Thus, the trial court was not limited to a youthful offender sentence. Id. Accordingly, we affirm.
LAWRENCE, DAVIS AND VAN NORTWICK, JJ„ CONCUR.
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Treymone Goldwire v. State, 73 So. 3d 844 (Fla. 4th DCA 2011)…“a trial court may impose a non-youthful offender sentence on a youthful offender who commits violations of probation that involve new substantive offenses ... [and] the trial court [is] not limited to a youthful offender sentence.” Willis v. State, 744 So. 2d 1265, 1266 (Fla. 1st DCA 1999) (citing Hill v. State, 692 So. 2d 277, 278 (Fla. 5th DCA 1997) (stating that a trial court is permitted to exceed youthful offender maximum sentences); Johnson v. State, 678 So. 2d 934, 934-35 (Fla. 3d DCA 1996) (providing…
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Schneider v. State, 788 So. 2d 1073 (Fla. 2d DCA 2001)…sed under rule 3.800(a). Before 1985 and after 1990, a trial court could impose an adult sanction on a youthful offender who violated community control by committing new substantive offenses. See § 958.14, Fla. Stat. (1983 & 1991); Willis v. State, 744 So. 2d 1265 (Fla. 1st DCA 1999). Because Schneider committed five new substantive offenses while on community control, the trial court imposed a thirty-year sentence. However, the version of section 958.14 in effect at the time Schneider violated his community…
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Flores v. State, 46 So. 3d 102 (Fla. 3d DCA 2010)…eld that the statute provides a six-year cap for technical violations, but not for the commission of a new criminal act. See Thompson v. State, 945 So. 2d 627 (Fla. 4th DCA 2006); Swilley v. State, 781 So. 2d 458 (Fla. 2d DCA 2001); Willis v. State, 744 So. 2d 1265 (Fla. 1st DCA 1999); Johnson v. State, 678 So. 2d 934 (Fla. 3d DCA 1996). This is true even when the new charges are nolle prossed or dismissed. See Morency v. State, 955 So. 2d 67, 68 n. 1 (Fla. 3d DCA 2007); Swilley, 781 So. 2d at 460 (“The filing…
Authorities Cited
- Alfred v. State, 678 So. 2d 934 (Fla. 3d DCA 1996)
- Oliveri v. State, 692 So. 2d 277 (Fla. 5th DCA 1997)
- Isaiah Dunbar v. State, 664 So. 2d 1093 (Fla. 2d DCA 1995)