GUERLINE JEAN JAQUES A/K/A GUERLINE JEAN-JAQUES, DOC #Y51791, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2017-08-30
No. Case No. 2D16-2404
WALLACE and SLEET, JJ., Concur.
224 So. 3d 929 Florida District Court of Appeal, Second District (2017) Positive Treatment
Cited by 3 cases
Topics
Motion To Correct Sentence Resentencing Probation Revocation

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Opinion of the Court
ROTHSTEIN-YOUAKIM, Judge.

ROTHSTEIN-YOUAKIM, Judge.

Guerline Jean Jaques appeals the revocation of her probation and the resulting sentences in five separate circuit court cases. We reject without comment Ja-ques’s argument that the circuit court abused its discretion in revoking her probation. However, we agree—and the State properly concedes—that the circuit court erred at resentencing in failing to continue the youthful-offender status originally assigned to her in those five cases. See Ware v. State, 197 So.3d 1147, 1150 (Fla. 2d DCA 2016) (“[Fjollowing a revocation, ‘the sentencing court must maintain the defendant’s youthful offender status upon resen-tencing for a violation of probation even when the violation was substantive.’ ” (quoting Yegge v. State, 88 So.3d 1058, 1059-60 (Fla. 2d DCA 2012))). Jaques preserved this argument by moving to correct the error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2); the motion was deemed denied when the circuit court failed to timely rule on it. See Fla. R. Crim. P. '3.800(b)(2)(B). Accordingly, we affirm the circuit court’s revocation of Ja-ques’s probation and the resulting sentences but remand for the court to correct Jaques’s written. sentences to reflect her continuing youthful-offender status.

Affirmed; remanded with directions.

WALLACE and SLEET, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Oree Deandre West v. State, 232 So. 3d 522 (Fla. 2d DCA 2017)
    …court must maintain the defendant’s youthful offender status upon resen-tencing for a violation of probation even when the violation was substantive.’ ” (quoting Yegge v. State, 88 So. 3d 1058, 1059-60 (Fla. 2d DCA 2012))); see also Jaques v. State, 224 So. 3d 929, 930 (Fla. 2d DCA 2017). Mr. West need not be present. Additionally, following revocation, the circuit court entered new judgments in 2012-CF-8004 and 2012-CF-8722. “Dupli-cative adjudications of guilt after revocation of probation or community co…
  • Pansky v. Pansky, 259 So. 3d 872 (Fla. 4th DCA 2018)

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