Florida/Georgia Personal Injury & Workers Compensation

...onviction aggravator is established if the State proves, beyond a reasonable doubt, that "[t]he defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person." (Emphasis added.) [6] Section 958.03(5), Florida Statutes (2006), defines "youthful offender" as "any person who is sentenced as such by the court or is classified as such by the department pursuant to s....

...y control program ." We disagree. A simple look at the relevant statutes reveals that the definition of "community control" under section 948.001(3), Florida Statutes (2011), is virtually identical to the definition of "community control program" in section 958.03(2), Florida Statutes (2011), of the Florida Youthful Offender Act....

...ender (even though not sentenced as such by the court). In fact, the Youthful Offender Act expressly defines the term “youthful offender”' to mean “any person who is sentenced as such by the court or is classified as such” by the Department. § 958.03(5), Fla....

...an escapee or an absconder from a commitment program, a community control program, furlough, or aftercare supervision, or is alleged to have escaped while being lawfully transported to or from such program or supervision. [2] The term is defined in section 958.03(2), the Youthful Offender Statute: "Community control program" means a form of intensive supervised custody in the community, including surveillance on weekends and holiday, administered by officers with restricted caseloads....

...Morales and Hernandez, juveniles at the time the crimes were committed, were sentenced under the Florida Youthful Offender Act, Chapter 958, Florida Statutes (1979), to four years imprisonment to be followed by two years in a community control program as defined by section 958.03(2), Florida Statutes (1979)....

...t 18, but less than 21 years old at the time of the commission of the felony, to sanctions designed to improve the "chances of correction and successful return to the community." See § 958.01, Fla. Stat. (2002). The term, "probation," is defined in section 958.03(4) as a means of community supervision requiring specified contacts with probation personnel "and other terms and conditions as provided in s....

...The youthful offender statute allows a court to commit the person, among other possible penalties, “to the custody of the department for a period of not more than 6 years” subject to certain conditions. § 958.04(2)(d), Fla. Stat. (2008). The “department” means the Department of Corrections. § 958.03(1), Fla....

and thus falls within the definition of Florida Statute 958.03(5) which provides ‘ “Youthful offender”

Michie on Carriers, sections 809 to 811, and section 958; 3 Ency. of PI. & Pr. pages 824 to 834. As is

...emain confined to his residence on several different occasions. As a result of these violations, among others, the defendant’s community control status was revoked. Defendant alleges that the revocation of his community control pursuant to amended section 958.03, Florida Statutes (1985), is an impermissible retroactive application of the 1985 statute and violates the ex post facto provisions of the Constitutions of the United States and of the State of Florida. We disagree. According to the law in effect at the time defendant was originally sentenced, section 958.03(2), provided as follows: (2) “Community control program” means an individualized program of restriction or noninstitutional confinement for youthful offenders placed in the community in lieu of commitment to the custody of the depa...

...It is apparent under subsection (1) above that the four-year sentence of imprisonment imposed by the trial court may be interrupted by parole release, thereby commencing the two-year community control program at an earlier date. A community control program, as described in section 958.03(2), means "an individualized program of restriction or noninstitutional confinement for youthful offenders placed in the community in lieu of commitment to the custody of the department and for youthful offenders subsequent to release...