DALE WEBSTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Webster appeals a trial court's partial grant of his motion to correct an illegal sentence, arguing that his youthful offender status was improvidly revoked. The court affirmed the trial court's decision but remanded for entry of an amended sentencing order reflecting Webster's youthful offender status in one case.
Webster is entitled to maintain his youthful offender designation in case 99-17499CF for classification purposes, but he is not entitled to youthful offender status in case 01-19317CF because he was never sentenced as a youthful offender in that case. The trial court's order is affirmed, but the case is remanded for entry of an amended sentencing order reflecting the youthful offender designation in case 99-17499CF.
[1] A defendant is entitled to maintain youthful offender status for classification purposes when the court initially grants such status, even after probation revocation.
[2] A defendant cannot be designated as a youthful offender for a case in which they were never sentenced as such.
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Join FLexlaw to unlock all legal intelligence“Webster is entitled to maintain his youthful offender designation in case number 99-17499CF for classification purposes.”
Establishes that once a youthful offender designation is granted, it cannot be improperly revoked.
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Join FLexlaw to unlock all legal intelligenceWebster pleaded no contest to kidnapping and aggravated battery in case 99-17499CF, and was sentenced as a youthful offender to eighteen months in pri…
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Dale Webster appeals an order granting in part and denying in part his rule 3.800(a) motion to correct illegal sentence. We affirm, but remand for the trial court to enter an amended sentencing order.
In case number 99-17499CF, Webster entered a no contest plea to kidnapping and aggravated battery. ’ He was sentenced as a youthful offender to eighteen months in prison followed by four years of probation. Webster subsequently violated his probation by committing new offenses. The trial court revoked his probation and sentenced him to concurrent terms of twenty and fifteen years in prison.
. In ease number 01-19317CF, Webster was convicted by a jury of felony battery. He was sentenced to ten years in prison as a violent habitual felony offender, with a five-year .mandatory minimum as a prison releasee reoffender, consecutive to his sentence in 99-17499CF.
■ In his motion, which was filed in both cases, Webster argued that his sentence in 99-17499CF is illegal because the court improperly revoked his youthful, offender status. The trial court agreed and granted the motion as to that case. The court ordered the Department of Corrections to classify Webster as a youthful offender, as to case number 99-17499CF, but did not enter an amended sentencing order. The court denied the motion as to case number 01-19317CF.
We affirm the trial court’s order. Webster is entitled to maintain his youthful offender designation in case number 99-17499CF for classification purposes. See St. Cyr v. State, 106 So.3d 487, 489 (Fla. 4th DCA 2013). . He is not entitled to be *693designated as a youthful offender in 01-19317CF because he was never sentenced as a youthful offender in that case.. See Boynton v. State, 896 So.2d 898, 899 (Fla. 3d DCA 2005); see also Christian v. State, 84 So.3d 437, 444 (Fla. 5th DCA 2012), rev. denied, 134 So.3d 446 (Fla.2014).
On remand, the trial court is instructed to enter an amended sentencing order-in case number 99-17499CF reflecting Webster’s youthful offender designation.
Affirmed and remanded with instructions.
STEVENSON, DAMOORGIAN and LEVINE, JJ., concur.
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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)
- Boynton v. State, 896 So. 2d 898 (Fla. 3d DCA 2005)