406 SO2D 1221 - Brandle v. State

How this case has been cited

Cited by 9 later decisions — most recently April 2014

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, Stewart J. Bellus and Trela J. White, Asst. Attys. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Designated a youthful offender, defendant was placed on probation for a period of three years. Subsequently, as a result of a probation violation, the trial court revoked probation and imposed a sentence of eight years.

¶5The order revoking probation is affirmed on the authority of Watson v. State,388 So.2d 15 (Fla. 4th DCA 1980). The eight year sentence, however, is reversed. Defendant's designation as a youthful offender as defined by the Florida Youthful Offender Act, Sections 958.011-15, Florida Statutes (1979), requires that a subsequent period of incarceration be consistent with the limitations set forth in the act. See Section 958.05(2), Florida Statutes (1979); Greene v. State,398 So.2d 1011 (Fla. 1st DCA 1981).

¶6Therefore, the case is reversed and remanded for imposition of a new sentence consistent with this opinion.

¶7DOWNEY, ANSTEAD and HURLEY, JJ., concur.