BENJAMIN WOODSON-KENON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed. See § 985.233(4)(a)2., Fla. Stat. (2001) (youthful offender sentence is discretionary); § 985.233(4)(a)4., Fla. Stat. (2001) (imposing adult sanctions instead of youthful offender sanction “is presumed appropriate, and the court is not required to set forth specific findings or enumerate the criteria in this subsection as any basis for its decision to impose adult sanctions”); see also Lee v. State, 679 So. 2d 1158, 1160 (Fla.1996) (“[BJecause the judge possessed the discretion to refuse to classify [defendant] as a youthful offender even if he had considered section 958.04, his failure to consider the statute does not make the sentence 'illegal’ under our interpretation of that term.... Thus, a rule 3.800(a) motion is not proper here.”).
STONE, STEVENSON and MAY, JJ., concur.
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Citator
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State v. Kendal Ford, 27 So. 3d 725 (Fla. 3d DCA 2010)…ent ... delineating the reasons for the departure”). Ford cannot assume that the trial court would have imposed youthful offender sanctions in lieu of a downward departure for restitution, as such sanctions are discretionary. Woodson-Kenon v. State, 963 So. 2d 347 (Fla. 4th DCA 2007). For the foregoing reasons, we vacate the departure sentence imposed and remand for sentencing before a different judge, where the defendant may elect to either withdraw his plea or be resentenced within the guidelines. Rever…
Authorities Cited
- LEE v. State, 679 So. 2d 1158 (Fla. 1996)