MARK SADA, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Mark Sada, a youthful offender classified by the Department of Corrections, successfully completed a mandated basic training program and sought mandamus relief to compel the trial court to modify his sentence and place him on probation as required by Florida Statute 958.045(5)(c). The appellate court granted the writ, holding that the trial court had a clear legal duty to issue the modification order upon the offender's satisfactory completion of the program.
The trial court has a clear legal duty to comply with section 958.045(5)(c), Florida Statutes, and must issue an order modifying the sentence and placing the offender on probation upon satisfactory completion of the basic training program. Sada has a clear legal right to have his sentence modified and to be placed on probation.
[1] A court must issue an order modifying a youthful offender's sentence and placing them on probation upon satisfactory completion of a basic training program, as mandated b…
[2] A writ of mandamus is appropriate to compel a trial court to comply with a statutory duty to modify a sentence and place an offender on probation.
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Join FLexlaw to unlock all legal intelligence“Upon the offender's completion of the basic training program, the department shall submit a report to the court that describes the offender's performance. If the offender's performance has been satisfactory, the court shall issue an order modifying the sentence imposed and placing the offender on probation.”
Establishes the mandatory statutory requirement that the trial court must place a youthful offender on probation upon satisfactory completion of the program
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Join FLexlaw to unlock all legal intelligenceSada was classified as a youthful offender and selected for placement in a basic training unit by the Department of Corrections, with required approva…
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FLETCHER, Judge.
Mark Sada seeks the issuance of a writ of mandamus compelling the Honorable Barbara S. Levenson to place him on probation in compliance with section 958.045, Florida Statutes (1997). We find that Sada is entitled to the relief he seeks.
Sada is a Department of Corrections-classified Youthful Offender1 as contemplated by section 958.045, Florida Statutes (1997). He was selected for placement in a basic training unit2 by the department, which sought and received the statutorily required [section 958.045(2)] approval from the sentencing court for his placement in the program. Notice was given to the state attorney as required by section 958.045(2). Sada was placed in the program and satisfactorily completed it in March 2001.
Section 958.045(5)(c), Florida Statutes (1997) provides in pertinent part:
“Upon the offender’s completion of the basic training program, the department shall submit a report to the court that describes the offender’s performance. If the offender’s performance has been satisfactory, the court shall issue an order modifying the sentence imposed and placing the offender on probation.” [e.s.]
It is thus mandatory that the trial court issue its order modifying the sentence and placing the offender on probation. Notwithstanding the statutory mandate and the report of Sada’s satisfactory completion of the program, the trial court declined to modify its sentence and place Sada on probation.
The trial court has the clear legal duty to comply with section 958.045(5)(c), Florida Statutes (1997) and Sada has the clear legal right to have his sentence modified and to be placed on probation. The state has filed its response to Sada’s petition, properly conceding error and submitting that the writ should issue.
Accordingly, we grant Sada’s petition and issue the writ of mandamus. The Honorable Barbara S. Levenson shall immediately comply with section 958.045(5)(c), Florida Statutes (1997) by modifying the sentence imposed on Sada and placing Sada on probation.
This opinion shall take effect immediately notwithstanding any filing of a motion for rehearing.
Writ issued.
. Sada was sentenced to eight years state imprisonment (importation and trafficking).
. The unit’s program includes “marching drills, calisthenics, a rigid dress code, manual labor assignments, physical training with obstacle courses, training in decision making and personal development, general education development and adult basic education courses, and drug counseling and other rehabilitation programs.” Section 958.045(l)(a), Fla. Stat. (1997).
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Thomas v. State, 825 So. 2d 1032 (Fla. 1st DCA 2002)…Johnson is distinguishable from the instant situation. Here, the appellant does not challenge his original adult sentence. Rather, the appellant challenges his new sentence imposed following successful completion of boot camp. We find Sada v. State, 807 So. 2d 146 (Fla. 3d DCA 2002), persuasive. As the appellant, Sada was not initially sentenced under the youthful offender statute. However, he was classified as a youthful offender by the Department of Corrections, received trial court approval to attend boot…
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Oza B. Jenkins v. Lennar Corp. & Duane Morris & Heckscher, 972 So. 2d 1064 (Fla. 3d DCA 2008)…foreclosure entered against her in a December 2000 lawsuit brought by Universal American Mortgage Company (“Universal”), a subsidiary of Lennar. In 2002, this Court affirmed that final judgment of foreclosure. Jenkins v. Universal Am. Mortgage Co., 807 So. 2d 146 (Fla. 3d DCA 2002). Jenkins pursued her appeal to the Florida Supreme Court, and shortly thereafter, to the United States Supreme Court, but was denied certiorari on both occasions. In 2004, Jenkins sued Universal and a host of other entities in st…
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Adderly v. State, 958 So. 2d 997 (Fla. 5th DCA 2007)…Emphasis added). Because Adderly successfully completed DOC’s boot camp program, the trial court has a clear legal duty to comply with the provisions of this statute by modifying Ad-derly’s sentence to a term of probation. See, e.g., Sada v. State, 807 So. 2d 146 (Fla. 3d DCA 2002); Smith v. State, 750 So. 2d 754 (Fla. 1st DCA 2000). We note that section 958.045(5)(c), Florida Statutes, was amended effective July 1, 2006, and now provides that a youthful offender who violates the probationary term imposed f…
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