ROBIN EUSTACHE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBIN EUSTACHE, APPELLANT,
STATE OF FLORIDA, APPELLEE
83 So. 3d 784
Florida District Court of Appeal, Fourth District (2011)
Positive Treatment
Cited by 4 cases
Topics
Youthful Offender Status
Rule 3.800(A)
Florida Rule Of Criminal Procedure 3.800(A) Motion To Correct Illegal Sentence
Motion To Correct Illegal Sentence
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Opinion of the Court
We affirm the trial court’s denial of appellant’s Rule 3.800(a) motion to correct illegal sentence. Pursuant to section 958.14, Florida Statutes, following appellant’s substantive violation of youthful offender probation, which he admitted, the court sentenced him to fifteen years in prison for robbery with a firearm. The sentence is within the statutory maximum for this offense, authorized by the youthful offender statute, and not illegal. See id. The court did not revoke appellant’s youth*785ful offender status,1 so his reliance on Blacker v. State, 49 So.3d 785 (Fla. 4th DCA 2010), is misplaced.
DAMOORGIAN, GERBER and CONNER, 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)…wing 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 So. 3d 1115 (Fla. 4th DCA 2010). It might be less con…
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Jean v. State, 145 So. 3d 900 (Fla. 4th DCA 2014)…this court has rejected that challenge and explained its reasoning when concluding that comparable terms are legal. See Mosley v. State, 134 So. 3d 1124 (Fla. 4th DCA 2014); Lachenauer v. State, 117 So. 3d 880 (Fla. 4th DCA 2013); Eustache v. State, 83 So. 3d 784 (Fla. 4th DCA 2011). Affirmed. CIKLIN, LEVINE and KLINGENSMITH, JJ„ concur.…
Authorities Cited
- Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010)