Public-domain · open source
OpenJurist

461 So. 2d 995

Docket No. AY-4.

Brooks v. State

Fred Lorenzo BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 18, 1984.

District Court of Appeal of Florida · decided 1984-12-18

Key passage — most relied on by later courts

“1. When a person is sentenced as a youthful offender pursuant to chapter 958.05(2), Florida Statutes (1979), does the circuit court have jurisdiction to revoke the community control status of that person? 2. If the answer to the foregoing question is in the positive, may the circuit court, upon revocation of a youthful offender's community control program status, treat the defendant as though it had never placed him in community control and sentence him in accordance with section 948.06(1), Florida Statutes?”

quoted by 2 later decisions, including 478 So. 2d 1052 - Brooks v. State, 482 So. 2d 398 - Johnson v. State

Relies on Clem v. State · Spurlock v. State · 449 So. 2d 430 - Lollis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-12-18

How this case has been cited

Cited by 15 later decisions — most recently August 2003

15 state decisions

110198419902000decided

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.

View the full empirical analysis of this case →

¶1Terry P. Lewis, Sp. Asst. Public Defender, Tallahassee, for appellant.

¶2Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, for appellee.

¶3PER CURIAM.

¶4AFFIRMED. Clem v. State,462 So.2d 1134 (Fla. 4th DCA 1984); Spurlock v. State,449 So.2d 973 (Fla. 5th DCA 1984). Cf. Lollis v. State,449 So.2d 430 (Fla.2d DCA 1984).

¶5Finding that this decision passes upon questions of great public importance, we certify to the Supreme Court of Florida the same questions certified in Clem v. State, supra:

1. WHEN A PERSON IS SENTENCED AS A YOUTHFUL OFFENDER PURSUANT TO CHAPTER 958.05(2), FLORIDA STATUTES (1979), DOES THE CIRCUIT COURT HAVE JURISDICTION TO REVOKE THE COMMUNITY CONTROL PROGRAM STATUS OF THAT PERSON?
2. IF THE ANSWER TO THE FOREGOING QUESTION IS IN THE POSITIVE, MAY THE CIRCUIT COURT, UPON REVOCATION OF A YOUTHFUL OFFENDER'S COMMUNITY CONTROL PROGRAM STATUS, TREAT THE DEFENDANT AS THOUGH IT HAD NEVER PLACED HIM IN COMMUNITY CONTROL AND SENTENCE HIM IN ACCORDANCE WITH SECTION 948.06(1), FLORIDA STATUTES?

¶6SMITH, ZEHMER and BARFIELD, JJ., concur.

/461/so2d/995 · .json · Public domain