LETROY D. MOSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed probation revocation but reversed sentences and remanded for resentencing while maintaining appellant's youthful offender status, which must be preserved upon resentencing after probation violation.
Once a circuit court imposes a youthful offender sentence, it must maintain that status upon resentencing after a probation violation, even if the trial court imposes identical terms of imprisonment.
[1] Youthful offender status imposed by a circuit court must be maintained upon resentencing following probation violation, regardless of whether the trial court imposes iden…
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Join FLexlaw to unlock all legal intelligence“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.”
Court citing Lee v. State to establish the mandatory preservation of youthful offender status during resentencing.
Letroy Mosley was on probation and committed burglary of an occupied dwelling and possession of burglary tools on March 2, 2008, resulting in probatio…
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Letroy D. Mosley appeals the revocation of his probation and the resulting sentences of ten years in prison for burglary of an occupied dwelling and five years in prison for possession of burglary tools.1 We affirm the revocation of Mosley’s probation without further comment. However, we reverse Mosley’s sentences and remand for the trial court to resentence him as a youthful offender. 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))); see also State v. Arnette, 604 So.2d 482, 484 (Fla.1992) (“Unless the legislature clearly states otherwise, youthful offenders maintain youthful offender status even when they violate a condition of community control.”). As we did in Lee, we note that on remand the trial court may impose the same terms of imprisonment if it chooses, but it must maintain Mosley’s youthful offender status.
Affirmed in part, reversed in part, and remanded for further proceedings.
ALTENBERND and MORRIS, 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)…ued (now a decade after Amette) to clarify that even when 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,…
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Yegge v. State, 88 So. 3d 1058 (Fla. 2d DCA 2012)…. State, 74 So. 3d 503, 503 (Fla. 2d DCA 2011) (affirming that “when a youthful offender commits a violation of probation, even a substantive one as described in section 958.14, his status as a youthful offender cannot be revoked”); Mosley v. State, 77 So. 3d 877, 877 (Fla. 2d DCA 2012) (same). Both the Fifth and First Districts have similarly held that a defendant’s youthful offender status must be continued on re-sentencing after a violation of probation. See Christian v. State, 84 So. 3d 437, 441-42 (Fla…
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Eustache v. State, 248 So. 3d 1097 (Fla. 2018)…for a substantive violation involving a new law offense); Smith v. State , 143 So. 3d 1023, 1024-25 (Fla. 4th DCA 2014) (same); Williams v. State , 110 So. 3d 39, 40 (Fla. 2d DCA 2013) (same); Jacques , 95 So. 3d at 420-21 (same); Mosley v. State , 77 So. 3d 877, 877 (Fla. 2d DCA 2012) (same); Lee v. State , 67 So. 3d 1199, 1202 (Fla. 2d DCA 2011) (same); Gardner v. State , 656 So. 2d 933, 937-38 (Fla. 1st DCA 1995) (same).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- LEE v. State, 67 So. 3d 1199 (Fla. 2d DCA 2011)
- Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010)
- State v. Arnette, 604 So. 2d 482 (Fla. 1992)