THOMAS MATTHEW LONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court erred in revoking a defendant's youthful offender designation upon probation revocation and resentencing, as such designation must be maintained even after substantive probation violations.
Once a circuit court imposes a youthful offender sentence, it must continue that status even upon resentencing after a substantive violation of probation.
[1] Once a circuit court imposes a youthful offender sentence, that designation must be continued even upon resentencing following a substantive probation violation.
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Join FLexlaw to unlock all legal intelligenceLong was sentenced as a youthful offender in 2008 on two robbery counts to concurrent sentences of two years in prison followed by four years probatio…
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In 2008, Long was sentenced as a youthful offender on two counts of robbery to concurrent sentences of two years in prison followed by four years probation. In 2011, Long admitted to violating his probation by committing a new criminal offense. The trial court revoked Long’s probation and sentenced him to concurrent sentences of five years in prison. In doing so, the trial court also revoked Long’s youthful offender designation. On appeal, Long does not challenge the length of his sentences, but does contest the removal of his youthful offender designation. The State properly concedes error.
Once a circuit court has imposed a youthful offender sentence, it must con*998tinue that status even upon resentencing after a substantive violation of probation. Christian v. State, 84 So.3d 437, 442-43 (Fla. 5th DCA 2012); see also Mosley v. State, 77 So.3d 877, 877 (Fla. 2d DCA 2012). A defendant’s status as a youthful offender matters in part because it affects the defendant’s classification within the prison system and the programs and facilities to which the defendant can be assigned. Blacker v. State, 49 So.3d 785, 787 n. 2 (Fla. 4th DCA 2010); see also § 958.11, Fla. Stat. (2008).
On remand, the trial court shall correct the sentencing documents to reflect the continuation of Long’s youthful offender designation.
REVERSED and REMANDED for correction of sentencing documents.
LAWSON and COHEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chauncey Davis v. State, 223 So. 3d 1106 (Fla. 5th DCA 2017)…der status when it imposed the instant sentence. Davis is correct that “[o]nce a circuit court has imposed a youthful offender sentence, it must continue that status even upon resentenc-ing after a substantive violation of probation.” Long v. State, 99 So. 3d 997, 997-98 (Fla. 5th DCA 2012) (citing Christian v. State, 84 So. 3d 437, 442-43 (Fla. 5th DCA 2012); Mosley v. State, 77 So. 3d 877, 877 (Fla. 2d DCA 2012)). The reason for maintaining a defendant’s youthful offender status is because “it affects the'…
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Rowell v. State, 183 So. 3d 1249 (Fla. 5th DCA 2016)…e previously imposed, including the legally valid sentence of incarceration for a term of fifteen years.” Notwithstanding this concession, the trial court denied the requested relief, which the State again properly concedes was error. Long v. State, 99 So. 3d 997 (Fla. 5th DCA 2012). Accordingly, we reverse the order and direct the trial court to enter an order restoring Appellant’s status as a Youthful Offender. All other aspects of the sentence, including its fifteen-year duration, shall not be affected.…
Authorities Cited
- Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010)
- Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012)
- Letroy D. Mosley v. State, 77 So. 3d 877 (Fla. 2d DCA 2012)