Florida/Georgia Personal Injury & Workers Compensation

...rs who again commit crimes after being given the opportunity to reform. Similarly, Goodson argues, the purpose of the Youthful Offender Act is to deal with "offenders who have demonstrated that they can no longer be handled safely as juveniles... ." § 958.021, Fla....

...strictly and in favor of the accused." State v. Jackson, 526 So.2d 58, 59 (Fla. 1988). This interpretation is fully consistent with the policy of the Youthful Offender Act, which, we have said, was intended to provide a "sentencing alternative," see section 958.021, Florida Statutes (1985), that is more stringent than the juvenile system and less harsh than the adult system....

...eceived the maximum penalty for the first felony." Id. at 1339-40. We adhere to this construction. To interpret the Youthful Offender Act in any other way would violate the express intent of the legislature to provide a "sentencing alternative," see section 958.021, Florida Statutes (1985), that is more stringent than the juvenile system and less harsh than the adult system....

...v. State, 346 So.2d 1018 (Fla. 1977). Not only does the context show the legislature intended to provide both discretionary and mandatory sentencing; but, committee reports on the bill support this conclusion. [1] The legislative intent expressed in section 958.021 does not require a different result because, as indicated there, classification as a youthful offender may offer a discretionary sentencing alternative in cases where a child prosecuted as an adult needs a more restrictive environment than that available under chapter 39....

...The Youthful Offender Act shows the legislature's concern that alternative treatment be given to those offenders whose youth and other characteristics make it likely that the alternative treatment might halt at the beginning what could otherwise be a lifetime of continuing crime and related problems. See section 958.021, Florida Statutes (1983)....

...hful offenders sentenced to imprisonment by providing them with vocational, educational, counseling, or public service opportunities and by preventing their association with older and more experienced criminals during the terms of their confinement. § 958.021, Fla....

...This section plainly circumscribes the penalties for youthful offenders and forbids the imposition of sanctions other than those provided therein. We find support for this conclusion in the legislative intent behind enactment of the statute. As stated in section 958.021, the legislature's goal was to improve the chances of correction and successful return to the community of youthful offenders sentenced to imprisonment by preventing their association with older and more experienced criminals during the terms of their confinement....

...record that the criteria for the designation were not met. Saintelien v. State, 990 So.2d 494 (Fla.2008). By analogy, we conclude that the erroneous revocation of a defendant’s youthful offender status is also cognizable in a Rule 3.800(a) motion. Section 958.021, Florida Statutes (1997), expresses the legislative intent that youthful offender sentencing be considered “an alternative to be used in the discretion of the court.” There is no dispute that Blacker initially received a youthful offender sentence in accordance with section 958.04(3)....

...rs sentenced to imprisonment by providing them with enhanced vocational, educational, counseling, or public service opportunities and by preventing their association with older and more experienced criminals during the terms of their confinement.” § 958.021, Fla....

...s. For one, as discussed above, part of the legislature’s express intent in creating the youthful offender statute was to prevent young offenders’ “association with older and more experienced criminals during the terms of their confinement.” § 958.021, Fla....

...State , fundamental error occurs when a trial court refuses to consider a legislatively authorized sentencing option as a matter of policy. See 70 So.3d at 564 (holding the trial court's stated policy of rounding up the sentence was a fundamental error because it improperly extended incarceration in an arbitrary manner). Section 958.021, Florida Statutes (2009), part of the Youthful Offender Act, provides that "[i]t is the ......

...There is nothing to indicate that the possibility of not being sentenced as a youthful offender was contemplated as being a deterrent to criminal conduct. To the contrary, the legislative intent of the Florida Youthful Offender Act as expressed in Section 958.021, Florida Statutes (Supp....

...As pointed out in Allen, if the Youthful Offender Act were interpreted in such a way as to permit the imposition of a total commitment in excess of the six-year maximum, such an interpretation "would violate the express intent of the legislature to provide a `sentencing alternative,' see section 958.021, Florida Statutes (1985), that is more stringent than the juvenile system and less harsh than the adult system......

...Even though it was absolutely discretionary with the trial court whether to adjudge appellant a youthful offender, once the court determined to do so, it was error to impose the three-year mandatory sentence under § 775.087(2) because of the provisions in § 958.021 and § 958.05, Florida Statutes (1981)....

youthful offenders differently than adults. See § 958.021, Fla. Stat. (2017). By contrast, the majority's

...These significant statutory provisions are obviously intended to implement the expressed rehabilitative policy of the Y.O.A.: "improv[ing] the chances of correction and successful return to the community" of those who have been adjudged youthful offenders. § 958.021, Fla....

...appellant as an adult, and (2) whether the trial court improperly determined that it was required to impose a mandatory minimum sentence although it affirmatively appears from the record that appellant may qualify as a youthful offender pursuant to section 958.021, Florida Statutes. We find no merit as to issue I. See Troutman v. State, 603 So.2d 608 (Fla. 1st DCA 1992). We do find, however, when the record affirmatively reflects that appellant may qualify as a youthful offender pursuant to section 958.021, Florida Statutes, and the trial court affirmatively states on the record that it feels that the mandatory minimum sentence may be too harsh in light of appellant's age, but that it has no sentencing discretion, that the trial court s...

...nders sentenced to imprisonment by providing them with enhanced vocational, educational, counseling, or public service opportunities and by preventing their association with older and more experienced criminals during the terms of their confinement. § 958.021, Fla....

the treatment of youthful offenders in Florida Statute 958.021. Relevant to the issue before the Court

...older and more experienced criminals during the terms of their confinement." It was the further intent of the Legislature to provide an additional sentencing alternative to be used in the discretion of the court when dealing with certain offenders. Section 958.021 , F.S....

...nd or supersede the department's authority under other statutes to classify persons committed to its care and custody for purposes of institutional facilities and programs within the correctional system. While the Legislature expressed its intent in s. 958.021 , F.S., to prevent persons sentenced as youthful offenders under the act to imprisonment from association with older and more experienced criminals, and included the admonition to segregate youthful offenders from other offenders insofar a...

...ul offenders sentenced to imprisonment by providing them with vocational, educational, counseling, or public service opportunities and by preventing their association with older and more experienced criminals during the term of their confinement.” § 958.021, Fla.Stat....

...r Mr. Legette’s conviction for attempted robbery with a firearm. Although Mr. Legette was 20 years old when he committed this first offense, the trial court properly exercised its discretion in declining to impose a youthful offender sentence. See § 958.021, Fla....

in each particular case. Florida Statutes, Section 958.021 (1979); Killian v. State, 387 So.2d 385 (Fla

...Because of the defendant’s youth, however, the court “recommended” that he be given whatever youthful offender treatment might be available and appropriate such as enhanced vocational, educational, counsel, and public service opportunities and separation from older and more experienced criminals. See section 958.021, Florida Statutes....

...(Supp.1978). We believe this to be the reasonable interpretation of the law in carrying out the intention of the legislature, which was to prevent novice criminals from becoming expert by being thrown in with more experienced felons during imprisonment. See Section 958.021....

more akin to a subsequent offender statute. Section 958.021 indicates that the act provides “an additional