JOHNIE EARL LARKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of postconviction relief but reversed and remanded to correct Larkins' sentence to reflect his youthful offender status, which the trial court was required to maintain upon resentencing after a probation violation.
A trial court must continue a defendant's youthful offender status upon resentencing following a probation violation, even though it was not required to impose such a sentence initially.
[1] A trial court must continue a defendant's youthful offender classification upon resentencing following a probation violation, even though the violation permits discretion…
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Join FLexlaw to unlock all legal intelligenceJohnie Earl Larkins appealed an order denying his multi-claim motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Larkins…
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Johnie Earl Larkins appeals an order that summarily denied his multi-claim motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm on all but one point and accept the State’s concession that Larkins’ sentence must be corrected to reflect his youthful offender status. Smith v. State, 143 So.3d 1023, 1024 (Fla. 4th DCA 2014); St. Cyr v. State, 106 So.3d 487, 489 (Fla. 4th DCA 2013); Knite v. State, 102 So.3d 691, 695 (Fla. 4th DCA 2012); Blacker v. State, 49 So.3d 785, 788 (Fla. 4th DCA 2010), rev. denied, 108 So.3d 656 (Fla. 2012). As the cases point out, because of the substantive violation of probation, the trial court was not required to sentence Larkins to a youthful offender sentence of six years or less. However, it was required to continue that status upon resen-tencing after the violation of probation. Blacker, 49 So.3d at 788.
Accordingly, we reverse and remand for the trial court to correct the error and to amend Larkins’ sentence to reflect his youthful offender classification as to his original charges. This ministerial sentence correction does not require Larkins’ presence. See Jordan v. State, 143 So.3d 335, 339 (Fla.2014) (recognizing that defendant’s presence is not required for a purely ministerial sentence correction).
Reversed and remanded.
STEVENSON, MAY and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Eustache v. State, 248 So. 3d 1097 (Fla. 2018)…version. We also disapprove similar language in the following cases: Yegge , 186 So. 3d at 556 ("[T]he trial court must continue a youthful offender's status after a substantive violation of probation or community control ...."); Larkins v. State , 159 So. 3d 386, 386 (Fla. 4th DCA 2015) (holding youthful offender status cannot be revoked even for committing a substantive probation violation); Cooper v. State , 235 So. 3d 1034, 1035-37 (Fla. 5th DCA 2018) (same); Peterson v. State , 176 So. 3d 1015, 1015 (Fl…
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Granger v. State, 252 So. 3d 769 (Fla. 4th DCA 2018)…sentence. We affirm. We write to note that this Court’s opinions have consistently required a court to maintain a defendant’s youthful offender status even when being resentenced on a substantive probation violation. See, e.g., Larkins v. State, 159 So. 3d 386, 386 (Fla. 4th DCA 2015); Smith v. State, 143 So. 3d 1023, 1024-25 (Fla. 4th DCA 2014); St. Cyr v. State, 106 So. 3d 487, 488- 89 (Fla. 4th DCA 2013); Lachenauer v. State, 117 So. 3d 880, 880-81 (Fla. 4th DCA 2013); Johnson v. State, 41 So. 3d 1115,…
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Gomes v. State, 164 So. 3d 1252 (Fla. 5th DCA 2015)…ing resen-tenced in his absence). AFFIRMED; • REMANDED for trial court to correct sentencing order omissions. PALMER, EVANDER and EDWARDS, JJ., concur. . These ministerial sentence corrections do not require Gomes’ presence. Larkins v. State, 159 So. 3d 386 (Fla. 4th DCA 2015).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jordan v. State, 143 So. 3d 335 (Fla. 2014)
- Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010)
- Smith v. State, 143 So. 3d 1023 (Fla. 4th DCA 2014)
- Ocelyn ST. CYR v. State, 106 So. 3d 487 (Fla. 4th DCA 2013)
- Knite v. State, 102 So. 3d 691 (Fla. 4th DCA 2012)