WALTER JOHN WILLIAMS
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-09-25
No. 3D2024-0723
2024 FL 11513 Florida District Court of Appeal, Third District (2024)

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Holding

Offenders are not entitled to sentencing under the Youthful Offender Act for offenses committed prior to the statute's effective date.


Headnotes

[1] The Youthful Offender Act does not apply retroactively to offenses committed prior to the statute's effective date because the act alters prescribed punishments and there…

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Key Quotes

“Since the Youthful Offender Act alters the prescribed punishments for those persons meeting its requirements, it cannot apply to offenses committed prior to its effective date.”

Court's reasoning citing State v. Pizarro, 383 So. 2d 762, 763 (Fla. 4th DCA 1980)

Facts & Procedural History

Walter John Williams appealed a trial court judgment denying him sentencing relief. Williams appears to have sought sentencing under the Youthful Offe…

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Opinion of the Court

Opinion filed September 25, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0723 Lower Tribunal No. F78-15256

________________

Walter John Williams,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Teresa Pooler, Judge. Walter John Williams, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee. Before LOGUE, C.J., and LINDSEY, and BOKOR, JJ. PER CURIAM.

Affirmed. See Tutson v. State, 453 So. 2d 497 (Fla. 1st DCA 1984);

(holding that offenders are not entitled to sentencing under the Youthful

Offender Act, section 958.04, Florida Statutes (1979), for offenses

committed prior to its effective date); see also State v. Pizarro, 383 So. 2d

762, 763 (Fla. 4th DCA 1980) (“Since the Youthful Offender Act alters the

prescribed punishments for those persons meeting its requirements, it

cannot apply to offenses committed prior to its effective date.”).


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