VICTOR PEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VICTOR PEREZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
75 So. 3d 815
Florida District Court of Appeal, Second District (2011)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Victor Perez appeals his probation revocation and the resulting sentence to twelve years’ prison for robbery. We affirm the probation revocation without further comment but remand to the trial court for entry of a corrected sentence reinstating Perez’s youthful offender status. See Lee v. State, 67 So.3d 1199, 1202 (Fla. 2d DCA 2011) (“ ‘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.’ ” (quoting Blacker v. State, 49 So.3d 785, 788 (Fla. 4th DCA 2010))).
Affirmed in part, reversed in part, and remanded.
WHATLEY and DAVIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012)…a youthful offender is sentenced above the cap following a substantive violation of probation, the defendant still maintains his or her “youthful offender status.” See, e.g., Mosley v. State, 77 So. 3d 877 (Fla. 2d DCA 2012); [*443] Perez v. State, 75 So. 3d 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…
Authorities Cited
- LEE v. State, 67 So. 3d 1199 (Fla. 2d DCA 2011)
- Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010)