HERBERT M. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in revoking the appellant's youthful offender status upon a violation of probation, but correctly denied the motion to withdraw the plea.
Appellant was sentenced as a youthful offender, violated probation, and entered an open plea. The trial court revoked his youthful offender status and…
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Pursuant to a negotiated plea, appellant, Herbert M. Johnson, was sentenced as a youthful offender on multiple charges. While serving probation after his release from prison, two affidavits of violation of probation were filed. Johnson entered an open plea to the court. The trial court sentenced Johnson to 100.95 months in prison and revoked his youthful offender status. Johnson argued to the court that it could not revoke his youthful offender status upon a revocation of probation. The trial court overruled this objection and entered the sentence.
Johnson filed a motion to withdraw his plea, which the trial court summarily denied. Johnson now appeals the denial and also argues the trial court erred in revoking his youthful offender status when it sentenced him for violating his probation. We affirm the denial of his motion to withdraw his plea without discussion.
The trial court, however, erred in revoking Johnson’s youthful offender status. “[I]f the defendant is not charged by information with the new, substantive offense, but rather is charged by way of a violation of the defendant’s youthful offender commitment, the defendant’s youthful offender status may not be revoked.” Rogers v. State, 972 So.2d 1017, 1019 (Fla. 4th DCA 2008), rev. denied, State v. Rogers, 988 So.2d 622 (Fla.2008).
*1116We, therefore, remand for reinstatement of Johnson’s youthful offender status.
Affirmed in Part; Reversed in Part, and Remanded.
HAZOURI, GERBER, JJ., and KELLEY, GLENN D., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010)…ommunity control. Once a circuit court has imposed a youthful offender sentence, it must continue that status upon resentencing after a violation of probation or community control. State v. Arnette, 604 So. 2d 482, 484 (Fla.1992); Johnson v. State, 41 So. 3d 1115 (Fla. 4th DCA 2010); Rogers v. State, 972 So. 2d 1017, 1019 (Fla. 4th DCA), rev. denied, 988 So. 2d 622 (Fla.2008); Hudson v. State, 989 So. 2d 725, 726 (Fla. 1st DCA 2008); Gardner v. State, 656 So. 2d 933, 937 (Fla. 1st DCA 1995) (“once a defendan…
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Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012)…815 (Fla. 2d DCA 2011); Eustache v. State, 83 So. 3d 784 (Fla. 4th DCA 2011); Lee v. State, 67 So. 3d 1199 (Fla. 2d DCA 2011); Vantine v. State, 66 So. 3d 350 (Fla. 2d DCA 2011); Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010); Johnson v. State, 41 So. 3d 1115 (Fla. 4th DCA 2010). It might be less confusing if we dropped the phrase “youthful offender status” and simply explained that the longer sentence was still imposed pursuant to the Youthful Offender Act, and that other features of youthful offender s…
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Eustache v. State, 248 So. 3d 1097 (Fla. 2018)…. 4th DCA 2013) (same); Mistretta v. State , 99 So. 3d 561, 561-62 (Fla. 2d DCA 2012) (same); Christian , 84 So. 3d at 442 (same); Tidwell v. State , 74 So. 3d 503, 503 (Fla. 2d DCA 2011) (same); Blacker , 49 So. 3d at 788 (same); Johnson v. State , 41 So. 3d 1115, 1115 (Fla. 4th DCA 2010) (same); Hudson , 989 So. 2d at 726 (same); Rogers v. State , 972 So. 2d 1017, 1019-20 (Fla. 4th DCA 2008) (same); see also Lewis v. State , 159 So. 3d 288, 288 (Fla. 2d DCA 2015) (holding youthful offender status could not…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- MacIer v. In re Est. OF Bessie Giamportone, 972 So. 2d 1017 (Fla. 3d DCA 2008)
- Rogers v. State, 972 So. 2d 1017 (Fla. 4th DCA 2008)
- State v. Rogers, 988 So. 2d 622 (Fla. 2008)