BRIAN CRENSHAW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the summary denial of the appellant's motion for postconviction relief, but without prejudice to file a motion to correct an illegal sentence.
Appellant sought postconviction relief. The trial court summarily denied the motion. The appellate court reviewed the denial.…
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On Motion for Rehearing
The motion for rehearing is granted. We withdraw our prior opinion and substitute the following in its place.
We affirm the summary denial of appellant’s motion for postconviction relief. Our affirmance is without prejudice to appellant filing a motion to correct an illegal sentence based on the court’s failure to continue appellant’s youthful offender status upon violation of probation for a crime on which appellant was originally sentenced as a youthful offender. See Christian v. State, 84 So.3d 437, 444-45 (Fla. 5th DCA 2012) (youthful offender who violates probation is still entitled to be sentenced as a youthful offender on original offense; even though six-year cap may not apply, other aspects of youthful offender sentencing would still apply) 1; see also St. Cyr v. State, 106 So.3d 487 (Fla. 4th DCA 2013).2
Affirmed.
WARNER, CIKLIN and GERBER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Christian v. State, 84 So. 3d 437 (Fla. 5th DCA 2012)
- Ocelyn ST. CYR v. State, 106 So. 3d 487 (Fla. 4th DCA 2013)