ROBERT F. KAHRS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellate court reversed sentences where trial court improperly sentenced defendant as both youthful offender and adult across multiple cases, exceeding statutory maximums under the Youthful Offender Act.
A trial court cannot sentence a defendant as a youthful offender in some cases and as an adult in others when the combined sentences exceed the six-year statutory maximum of the Youthful Offender Act.
[1] A trial court cannot impose sentences as a youthful offender in some cases and as an adult in others when the combined sentences exceed the statutory maximum permitted by…
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Join FLexlaw to unlock all legal intelligenceKahrs pleaded no contest to charges in five different cases. The trial court sentenced him as a youthful offender to five and six years in three cases…
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FULMER, Judge.
Robert Kahrs appeals the sentences imposed in several cases following his no contest plea to the offenses involved in those cases. He argues, and the State properly concedes, that the trial court erred in sentencing him as a youthful offender in three cases and as an adult in two other cases. We reverse.
Following his no contest plea to charges stemming from five different cases, the trial court sentenced Kahrs as a youthful offender to five years in prison on some offenses and to six years in prison for the remaining offenses committed in three different cases. The court also sentenced him as an adult to three years’ consecutive probation in two other cases. It was error for the trial court to sentence Kahrs as a youthful offender in three cases and as an adult in the remaining two cases. See Dimilta v. State, 590 So. 2d 1074, 1075 (Fla. 2d DCA 1991); Kelly v. State, 739 So. 2d 1164, 1165-66 (Fla. 5th DCA 1999). Furthermore, the combined sentences exceed the six-year statutory maximum permitted by the Youthful Offender Act. See Dimilta, 590 So. 2d at 1075. Accordingly, we reverse the sentences. Because Kahrs entered a plea to all of the offenses, we remand for the trial court to permit Kahrs to withdraw his plea, or if he chooses not to, for the trial court to determine whether to sentence him as an adult without reference to the Youthful Offender Act, or to limit his sentences as provided by the Act. See Kelly, 739 So. 2d at 1165.
Reversed and remanded.
BLUE, C.J., and GREEN, J., Concur.
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Citator
Cited By
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Glendon Michael Goelz v. State, 937 So. 2d 1237 (Fla. 4th DCA 2006)…lewd and lascivious molestation. Appellant argues, and the State agrees, that his sentence is illegal. The trial court could not impose a youthful offender sentence on one count, but not another, even as part of a plea agreement. Kahrs v. State, 816 So. 2d 157 (Fla. 2d DCA 2002); Kelly v. State, 739 So. 2d 1164 (Fla. 5th DCA 1999). Once the court declared him a youthful offender, pursuant to section 958.04(2)(e), Florida Statutes, the combined sentence could not exceed four years in prison followed by two…
Authorities Cited
- Aundray Kelly v. State, 739 So. 2d 1164 (Fla. 5th DCA 1999)
- Dimilta v. State, 590 So. 2d 1074 (Fla. 2d DCA 1991)