SANTWAN HENDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Santwan Henderson, appeals an order revoking his probation. We affirm the revocation because there is sufficient evidence in the record that appellant willfully violated the conditions of his probation. However, as the State concedes, the trial court erred in sentencing appellant as a youthful offender to six years in prison after he violated his probation. See State v. Meeks, 789 So. 2d 982 (Fla.2001).
Section 958.14, Florida Statutes, provides that a youthful offender who has violated probation may not be sentenced to a period of imprisonment for greater than the statutory maximum. Here, the maximum sentence for appellant’s third-degree felony conviction for grand theft was five years. Accordingly, we remand for the sole purpose of re-sentencing.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings.
ERVIN, WOLF and PADOVANO, JJ., concur.
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Forlano v. State, 964 So. 2d 246 (Fla. 1st DCA 2007)…PER CURIAM. As the State concedes, the trial court erred in awarding restitution to the extent the award was based on hearsay evidence which was admitted over objection. See Herrington v. State, 823 So. 2d 286 (Fla. 1st DCA 2002); B.L.N. v. State, 722 So. 2d 860 (Fla. 1st DCA 1998); C.S. v. State, 617 So. 2d 863 (Fla. 1st DCA 1993); Williams v. State, 850 So. 2d 627 (Fla. 2d DCA 2003). The State offered competent proof of other elements of damage to the v…
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Nelson v. State, 95 So. 3d 368 (Fla. 1st DCA 2012)…DCA 2010); Ritch v. State, 14 So. 3d 1104, 1107 (Fla. 1st DCA 2009); Butler v. State, 970 So. 2d 919 (Fla. 1st DCA 2007); Forlano v. State, 964 So. 2d 246 (Fla. 1st DCA 2007); I.M. v. State, 958 So. 2d 1014 (Fla. 1st DCA 2007); Herrington v. State, 823 So. 2d 286 (Fla. 1st DCA 2002). Accordingly, we reverse the trial court’s restitution determination and remand for a new restitution hearing. V.B., 75 So. 3d at 363; Dreyer, 46 So. 3d at 615; Forlano, 964 So. 2d at 246; Herrington, 823 So. 2d at 286-87. AFFI…
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- State v. Meeks, 789 So. 2d 982 (Fla. 2001)