JUNIOR ALEXIS
v.
STATE OF FLORIDA
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A sentence imposed following revocation of youthful offender probation for a substantive violation is illegal if it imposes an adult sanction while requiring the defendant to maintain youthful offender status.
[1] When a youthful offender's probation is revoked for a substantive violation and the trial court imposes a sentence exceeding the six-year youthful offender cap, the sente…
Previewing 1 of 1 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“when a youthful offender commits a substantive violation of probation and the trial court elects to impose a sentence in excess of the six-year cap, the sentence necessarily becomes an adult CPC sentence such that the defendant does not retain his or her 'youthful offender status.'”
Court citing Eustache v. State and Granger v. State to explain the legal consequence of imposing an adult sanction
Alexis pled guilty to grand theft and was sentenced as a youthful offender to two years in prison followed by probation. After committing a substantiv…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JUNIOR ALEXIS,
Appellant,
v. Case No. 5D19-1032
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed November 8, 2019
3.800 Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge.
Junior Alexis, Chipley, pro se.
No Appearance for Appellee.
PER CURIAM.
Appellant challenges the order denying his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. We reverse, holding that the sentence imposed following revocation of Appellant’s youthful offender probation was illegal. Appellant pled guilty to grand theft, and the trial court sentenced him as a youthful offender to two years in prison followed by probation. After Appellant committed a substantive violation of probation, the court sentenced him to a ten-year prison term. In the sentencing order, the trial court specified that Appellant was to maintain his youthful
1 Appellant incorrectly asserts that the trial court must maintain his original youthful offender status when imposing a sentence for a substantive violation of probation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Eustache v. State, 248 So. 3d 1097 (Fla. 2018)
- Granger v. State, 252 So. 3d 769 (Fla. 4th DCA 2018)