THOMAS V. WAUGH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Thomas Waugh was given a fifteen-year sentence for violation of Florida’s Comprehensive Drug Abuse Prevention and Control Act. Later, he filed a motion to correct his illegal sentence alleging that he should have been sentenced as a youthful offender under section 958.04, Florida Statutes (1979). The trial judge’s response was an order classifying appellant as a youthful offender. Once the judge has classified a party as a youthful offender it is incumbent upon him to sentence the party in accordance with the statute. State v. Goodson, 403 So. 2d 1337 (Fla.1981).
Appellant’s conviction is affirmed. However, his sentence is remanded to the trial court for resentencing in appellant’s presence so that he shall not be sentenced in excess of the maximum allowed under section 958.05, Florida Statutes (1979).
SCHEB, C. J., and CAMPBELL and SCHOONOVER, JJ., concur.
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Crosby v. State, 462 So. 2d 607 (Fla. 2d DCA 1985)…e trial court erred in imposing two eight-year sentences for his violation of community control. Once a party is classified as a youthful offender, the trial court must sentence the party in accordance with the Youthful Offender Act. Waugh v. State, 406 So. 2d 1238 (Fla. 2d DCA 1981). Pursuant to the Act, a defendant can be sentenced to a maximum of four years of incarceration (with appropriate jail credit), and to a maximum of two years of community control. § 958.05(2), Fla.Stat. (1983); Ellis v. State, 436…
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Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983)…ar maximum period of incarceration. The trial court’s interpretation of the sentencing provisions of § 958.05 is erroneous. Once a defendant is classified as a youthful offender, he must be sentenced in accordance with the act. See Waugh v. State, 406 So. 2d 1238 (Fla. 2d DCA 1981). This also applies to sentences, such as the one herein, entered pursuant to a subsequent revocation of probation. See Brandle v. State, 406 So. 2d 1221 (Fla. 4th DCA 1982); Greene v. State, 398 So. 2d 1011 (Fla. 1st DCA), pet. fo…
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Mendez v. State, 835 So. 2d 348 (Fla. 4th DCA 2003)…suant to statute providing for such sentence as a minimum for defendants convicted of specified offenses, because the sentencing provisions of the Youthful Offender Act were the exclusive penalties available to the sentencing judge); Waugh v. State, 406 So. 2d 1238 (Fla. 2d DCA 1981)(remanding case so that youthful offender would not be re-sentenced in excess of maximum allowed under Youthful Offender Act). Here, where Mendez was declared a youthful offender, the court was prohibited from imposing the mandator…
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- State v. Goodson, 403 So. 2d 1337 (Fla. 1981)