DARRIUS TRENTON LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed revocation of youthful offender probation and ten-year sentence for robbery, but remanded to correct the judgment to reflect youthful offender designation.
A trial court must maintain a defendant's youthful offender status upon revocation of probation even when imposing a sentence exceeding the usual six-year maximum.
[1] A trial court must preserve a defendant's youthful offender designation in the judgment when revoking probation, even if the imposed sentence exceeds the usual six-year y…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“while the court must maintain the defendant's youthful offender status upon revocation of probation, the court is not limited to imposing the usual youthful offender sentence of six years or less in prison if the revocation is based on a substantive violation of probation.”
Court explaining that youthful offender designation must be preserved even when sentence exceeds typical limits.
Lewis was sentenced as a youthful offender to probation for grand theft, robbery with a weapon, and burglary. He violated probation by committing simp…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Substantive Violation Of Probation cases and more on FLexlaw
Darrius Trenton Lewis appeals from the order revoking his youthful offender probation and from the sentence imposed upon him following the revocation of his probation.
Lewis was sentenced as a youthful offender under section 958.04, Florida Statutes (2010), to probation for grand theft of a motor vehicle, robbery with a weapon, and burglary of an unoccupied conveyance. Lewis violated the terms of his probation by committing a new law violation, simple battery (domestic violence). Following a hearing, the trial court revoked Lewis’s probation and sentenced him to thirty years in prison for the robbery charge. The judgment and sentence reflect that Lewis was sentenced under the youthful offender statute. Lewis subsequently moved to reduce or modify his sentence. The court granted the motion and reduced Lewis’s sentence to ten years in prison; however, the amended judgment and sentence fail to show a youthful offender designation. We affirm Lewis’s judgment and sentence for robbery with a weapon but remand for correction of the amended judgment and sentence to reflect that Lewis was sentenced as a youthful offender. Lee v. State, 67 So.3d 1199, 1202 (Fla. 2d DCA 2011) (“[Wjhile the court must maintain the defendant’s youthful offender status upon revocation of probation, the court is not limited to imposing the usual youthful offender sentence of six years or less in prison if the revocation is based on a substantive violation of probation.”).
Affirmed in part; reversed in part; remanded with directions.
CRENSHAW and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Eustache v. State, 248 So. 3d 1097 (Fla. 2018)…2011) (same); Blacker , 49 So. 3d at 788 (same); Johnson v. State , 41 So. 3d 1115, 1115 (Fla. 4th DCA 2010) (same); Hudson , 989 So. 2d at 726 (same); Rogers v. State , 972 So. 2d 1017, 1019-20 (Fla. 4th DCA 2008) (same); see also Lewis v. State , 159 So. 3d 288, 288 (Fla. 2d DCA 2015) (holding youthful offender status could not be revoked upon violation of probation 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. St…
Authorities Cited
- LEE v. State, 67 So. 3d 1199 (Fla. 2d DCA 2011)