LUBINS LOUISSAINT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Lubins Louissaint appealed the denial of his motion to correct an illegal sentence imposed after his guilty plea. The court reversed, holding that sentencing a youthful offender defendant under mixed youthful offender and adult schemes violates Florida law and exceeds statutory maximum penalties.
The court held that it is error to treat a defendant as a youthful offender on some counts while treating the same defendant as an adult on other counts. Once a defendant is classified as a youthful offender, the court must adhere to the six-year cap established by the legislature, and any sentence exceeding this limit is illegal.
[1] A sentence exceeding the statutory maximum permitted for a youthful offender is an illegal sentence cognizable by a motion to correct illegal sentence.
[2] A court cannot adjudicate a defendant as a youthful offender on some counts and as an adult on other counts within the same information.
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Join FLexlaw to unlock all legal intelligence“Section 958.04(2)(c), Florida Statutes (Supp. 1996), limits to six years the total term of incarceration and probation that a court may impose on a defendant designated as a youthful offender.”
Establishes the statutory cap that Louissaint's sentence violated
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Join FLexlaw to unlock all legal intelligenceLouissaint pleaded guilty and was sentenced as a youthful offender to three years in prison on four counts of the indictment, while simultaneously bei…
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SHEVIN, Judge..
Lubins Louissaint appeals an order denying his motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). We reverse, finding that Louissaint’s motion correctly as- serte that the court imposed an illegal sentence.
Upon accepting Louissaint’s guilty plea, the trial court sentenced him as a youthful offender, § 958.04(l)(c), Fla. Stat. (Supp. 1996), to three years in prison on four counts of the indictment; the trial court sentenced Louissaint to ten years probation as an adult, on the indictment’s remaining two counts. Section 958.04(2)(c), Florida Statutes (Supp. 1996), limits to six years the total term of incarceration and probation that a court may impose on a defendant designated as a youthful offender. Because Louissaint’s sentence exceeds the statutory maximum permitted by the statute, his challenge to the legality of his sentence is cognizable by Rule 3.800 motion. See Hinson v. State, 709 So. 2d 629 (Fla. 1st DCA 1998); Hill v. State, 698 So. 2d 931 (Fla. 4th DCA 1997). See also Allen v. State, 526 So. 2d 69 (Fla.1988)(commitment as youthful offender exceeding six years is illegal).
“We find no authority for' the proposition that a court may adjudicate or classify a defendant to be a youthful offender on one count but not on the other counts in the same information.” Boffo v. State, 543 So. 2d 435, 436 (Fla. 2d DCA 1989). It is error to treat Louissaint as a youthful offender on some counts, and as an adult on the remaining counts. Id., (disparate treatment of counts at sentencing contrary to intent of Youthful Offender Act); Dimilta v. State, 590 So. 2d 1074 (Fla. 2d DCA 1991). In Johnson v. State, 596 So. 2d 495 (Fla. 5th DCA 1992), the Fifth District Court held that a mixed youthful offender and adult sentencing scheme is illegal. “When a court adjudicates an individual as a youthful offender, he must be sentenced under the provisions of section 958.04(2).” State v. Lezcano, 586 So. 2d 1287, 1289 (Fla. 3d DCA 1991). “[O]nce a defendant has been classified a youthful offender, the court must adhere to the six-year cap established by the legislature.” Allen v. State, 526 So. 2d at 70-1.
Based on the foregoing, we reverse the order and remand for resentencing.
Reversed and remanded.
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Terrius Render v. State, 802 So. 2d 512 (Fla. 3d DCA 2001)…ered, then he is serving a youthful offender sentence which exceeds the legal maximum. He reasons that under the youthful offender statute, a split sentence cannot exceed four years incarceration plus two years of probation. See Louissaint v. State, 727 So. 2d 403 (Fla. 3d DCA 1999). He states that if the twenty-three months of incarceration is added, then in the 1997 cases he had received an incarceration sentence of nearly six years, followed by two years of probation' — which the statute does not allow. W…
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Porter v. State, 940 So. 2d 579 (Fla. 1st DCA 2006)…enial, a defendant may not be sentenced as an adult and as a youthful offender on charges arising from the same information. Lynch v. State, 898 So. 2d 277 (Fla. 2d DCA 2005); Kelly v. State, 739 So. 2d 1164 (Fla. 5th DCA 1999); Louissaint v. State, 727 So. 2d 403 (Fla. 3d DCA 1999); Johnson v. State, 596 So. 2d 495 (Fla. 5th DCA 1992); Dimilta v. State, 590 So. 2d 1074 (Fla. 2d DCA 1991). Because Appellant has already served in excess of the statutory maximum, we reverse the trial court’s denial of Appellant…
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Glendon Michael Goelz v. State, 937 So. 2d 1237 (Fla. 4th DCA 2006)…9 So. 2d 1164 (Fla. 5th DCA 1999). Once the court declared him a youthful offender, pursuant to section 958.04(2)(e), Florida Statutes, the combined sentence could not exceed four years in prison followed by two years probation. Louissaint v. State, 727 So. 2d 403 (Fla. 3d DCA 1999). A sentence that exceeds the maximum allowed by the youthful offender statute is an illegal sentence that can be challenged in a rule 3.800(a) motion. See Bryant v. State, 859 So. 2d 1269 (Fla. 4th DCA 2003); Kelly; Louissaint; Sc…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Allen v. State, 526 So. 2d 69 (Fla. 1988)
- Boffo v. State, 543 So. 2d 435 (Fla. 2d DCA 1989)
- Hill v. State, 698 So. 2d 931 (Fla. 4th DCA 1997)
- Hinson v. State, 709 So. 2d 629 (Fla. 1st DCA 1998)
- Dimilta v. State, 590 So. 2d 1074 (Fla. 2d DCA 1991)
- Johnson v. State, 596 So. 2d 495 (Fla. 5th DCA 1992)
- State v. Lezcano, 586 So. 2d 1287 (Fla. 3d DCA 1991)