OREE DEANDRE WEST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the revocation of West's community control and sentences but remanded to correct the written sentences to reflect his continuing youthful offender status and reversed the duplicative judgments of guilt entered after revocation.
A trial court must maintain a defendant's youthful offender status upon resentencing following revocation of community control, and duplicative adjudications of guilt after revocation are unauthorized and must be reversed.
[1] A trial court must maintain a defendant's youthful offender status upon resentencing following revocation of community control or probation, even when the violation was s…
[2] Duplicative adjudications of guilt entered after revocation of probation or community control are unauthorized and must be reversed.
Previewing 2 of 2 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“Following a revocation, 'the sentencing court must maintain the defendant's youthful offender status upon resentencing for a violation of probation even when the violation was substantive.'”
Court citing Ware v. State regarding the requirement to maintain youthful offender status after revocation.
Oree West had his community control revoked in two cases (2012-CF-8004 and 2012-CF-8722). The circuit court failed to continue his youthful offender s…
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We affirm without comment the order revoking Oree West’s community control in case numbers 2012-CF-8004 and 2012-CF-8722 and the resulting sentences imposed in those cases. However, because the circuit court failed to continue Mr. West’s youthful offender status originally assigned to him in those eases, we remand for the trial court to correct Mr. West’s written sentences to reflect his continuing youthful offender status. See Ware v. State, 197 So.3d 1147, 1150 (Fla. 2d DCA 2016) (“[F]ollowing 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))); 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 control are superfluous, are unauthorized, and can cause undue confusion in future proceedings.” Butler v. State, 195 So.3d 1147, 1148 (Fla. 2d DCA 2016); see also Pierce v. State, 150 So.3d 1207 (Fla. 2d DCA 2014). Thus, we reverse the unauthorized judgments.
Affirmed in part, reversed in part, and remanded with directions.
KELLY, SLEET, and LUCAS, JJ., Concur.
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Citator
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Byra v. State, 268 So. 3d 207 (Fla. 2d DCA 2019)…gment of guilt for the underlying felony battery conviction because the trial court had already adjudicated him guilty of the underlying offense on April 6, 2016. See Schaufler - 3 - v. State, 255 So. 3d 929, 929 (Fla. 2d DCA 2018); West v. State, 232 So. 3d 522, 523 (Fla. 2d DCA 2017). We affirm the revocation order and the corresponding sentence. Affirmed; remanded with instructions. KHOUZAM and BLACK, JJ., Concur.…
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Jerrett Swaford v. State, 320 So. 3d 331 (Fla. 2d DCA 2021)…red a second judgment form upon revocation of probation. "Duplicative adjudications of guilt after revocation of probation or community control are superfluous, are unauthorized, and can cause undue confusion in future proceedings." West v. State, 232 So. 3d 522, 523 (Fla. 2d DCA 2017) (quoting Butler v. State, 195 So. 3d 1147, 1148 (Fla. 2d DCA 2016)); see also Jackson v. State, 56 So. 3d 65, 66 (Fla. 2d DCA 2011). We note, however, that while these types of duplicative judgments should be avoided, this i…
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Oree West, Jr. v. Sec'y, Dep't of Corr. (M.D. Fla. 2025)…6.) The state appellate court affirmed the revocation of probation and the prison sentences but remanded with instructions for the state trial court to correct West's written sentences to show his continuing youthful offender status. West v. State, 232 So.3d 522 (Fla. 2d DCA 2017). The state appellate court per curiam affirmed the denial of West's amended motion for postconviction relief. (Doc. 4-2, Exs. 49, 57 & 62.) 2 ---PAGE 3--- Case 8:25-cv-01348-KKM-NHA Document 5 Filed 10/28/25 Page 3 of 6 PageID…1 / 2
Authorities Cited
- Yegge v. State, 88 So. 3d 1058 (Fla. 2d DCA 2012)
- Butler v. State, 195 So. 3d 1147 (Fla. 2d DCA 2016)
- Pierce v. State, 150 So. 3d 1207 (Fla. 2d DCA 2014)
- Jamon D. Ware v. State, 197 So. 3d 1147 (Fla. 2d DCA 2016)
- Jaques v. State, 224 So. 3d 929 (Fla. 2d DCA 2017)