AZAR OSMANOVIC, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012)
  …obinson, the Third District has also repeatedly held that new criminal conduct constitutes a substantive violation of youthful offender probation, irrespective of whether the conduct results in new charges or convictions. See, e.g., Flores v. State, 46 So. 3d 102 (Fla. 3d DCA 2010), rev. granted, 58 So. 3d 260 [*440] (Fla.2011); Morency v. State, 955 So. 2d 67, 68 n. 1 (Fla. 3d DCA 2007). On appeal, however, Christian argues that our holding in Robinson should be viewed as conflicting with Rogers v. State,…
• Ocelyn ST. CYR v. State, 106 So. 3d 487 (Fla. 4th DCA 2013)
  …7, 1019 (Fla. 4th DCA 2008) (citing Boynton v. State, 896 So. 2d 898, 899 (Fla. 3d DCA 2005)). The confusion was clarified by the Fifth District Court of Appeal in Christian v. State, 84 So. 3d 437, 440 (Fla. 5th DCA 2012). See also Flores v. State, 46 So. 3d 102, 104-05 (Fla. 3d DCA 2010), rev. dismissed, 93 So. 3d 324 (Fla.2012). A defendant need not have been charged or convicted of the new offense constituting the substantive violation in order for a court to sentence a youthful offender in excess of th…
• Jacques v. State, 95 So. 3d 419 (Fla. 3d DCA 2012)
  …present for correction of the sentence. Affirmed in part, reversed in part, and remanded with instructions. . The' fact that these new charges were nolle prossed by the Slate at a later date does not affect this determination. See Flores v. State, 46 So. 3d 102, 104 (Fla. 3d DCA 2010) (recognizing that the trial court may find a substantive violation of probation "even when the new charges are nolle prossed or dismissed”); Morency v. State, 955 So. 2d 67, 68 n. 1 (Fla. 3d DCA 2007) ("A new criminal offense…