Florida Statute 958.4 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 958
YOUTHFUL OFFENDERS

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F.S. 958.04

958.04 Judicial disposition of youthful offenders.—

(1) The court may sentence as a youthful offender any person:

(a) Who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 985;

(b) Who is found guilty of or who has tendered, and the court has accepted, a plea of nolo contendere or guilty to a crime that is, under the laws of this state, a felony if such crime was committed before the defendant turned 21 years of age; and

(c) Who has not previously been classified as a youthful offender under this act; however, a person who has been found guilty of a capital or life felony may not be sentenced as a youthful offender under this act.

(2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows:

(a) The court may place a youthful offender under supervision on probation or in a community control program, with or without an adjudication of guilt, under such conditions as the court may lawfully impose for a period of not more than 6 years. Such period of supervision may not exceed the maximum sentence for the offense for which the youthful offender was found guilty.

(b) The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in a county facility, a department probation and restitution center, or a community residential facility that is owned and operated by any public or private entity providing such services. A youthful offender may not be required to serve a period of incarceration in a community correctional center as defined in s. 944.026. Admission to a department facility or center shall be contingent upon the availability of bed space and shall take into account the purpose and function of such facility or center. Placement in such a facility or center may not exceed 364 days.

(c) The court may impose a split sentence whereby the youthful offender is to be placed on probation or community control upon completion of any specified period of incarceration; however, if the incarceration period is to be served in a department facility other than a probation and restitution center or community residential facility, such period shall be for not less than 1 year or more than 4 years. The period of probation or community control shall commence immediately upon the release of the youthful offender from incarceration. The period of incarceration imposed or served and the period of probation or community control, when added together, may not exceed 6 years.

(d) The court may commit the youthful offender to the custody of the department for a period of not more than 6 years, provided that any such commitment may not exceed the maximum sentence for the offense for which the youthful offender has been convicted. Successful participation in the youthful offender program by an offender who is sentenced as a youthful offender by the court pursuant to this section, or is classified as such by the department, may result in a recommendation to the court, by the department, for a modification or early termination of probation, community control, or the sentence at any time prior to the scheduled expiration of such term. The department shall adopt rules defining criteria for successful participation in the youthful offender program which shall include program participation, academic and vocational training, and satisfactory adjustment. When a modification of the sentence results in the reduction of a term of incarceration, the court may impose a term of probation or community control which, when added to the term of incarceration, may not exceed the original sentence imposed.

(3) The provisions of this section shall not be used to impose a greater sentence than the permissible sentence range as established by the Criminal Punishment Code pursuant to chapter 921 unless reasons are explained in writing by the trial court judge which reasonably justify departure. A sentence imposed outside of the code is subject to appeal pursuant to s. 924.06 or s. 924.07.

(4) Due to severe prison overcrowding, the Legislature declares the construction of a basic training program facility is necessary to aid in alleviating an emergency situation.

(5) The department shall provide a special training program for staff selected for the basic training program.

History.—s. 5, ch. 78-84; s. 1, ch. 80-321; s. 20, ch. 85-288; s. 1, ch. 87-58; s. 3, ch. 87-110; s. 7, ch. 90-208; s. 11, ch. 90-211; s. 11, ch. 91-225; s. 8, ch. 93-406; s. 101, ch. 94-209; s. 22, ch. 96-312; s. 31, ch. 97-94; s. 36, ch. 97-194; s. 21, ch. 98-204; s. 61, ch. 98-280; s. 7, ch. 2008-250; s. 67, ch. 2019-167.

F.S. 958.04 on Google Scholar

F.S. 958.04 on CourtListener

Amendments to 958.04

Annotations, Discussions, Cases:

Cases Citing Statute 958.04

Total Results: 291

State v. King

426 So. 2d 12

Supreme Court of Florida | Filed: Dec 22, 1982 | Docket: 788

Cited 59 times | Published

criminal division for purposes of invoking section 958.04(1)(a) of the Youthful Offender Act). There

Green v. State

975 So. 2d 1090, 2008 WL 248413

Supreme Court of Florida | Filed: Jan 31, 2008 | Docket: 1727327

Cited 57 times | Published

As a juvenile under this section. Further, section 958.04(2) states: In lieu of other criminal penalties

State v. Betancourt

552 So. 2d 1107, 1989 WL 141731

Supreme Court of Florida | Filed: Nov 22, 1989 | Docket: 1663400

Cited 45 times | Published

in writing under the Youthful Offender Act, section 958.04(3), Florida Statutes (1987). The district court

Clem v. State

462 So. 2d 1134

District Court of Appeal of Florida | Filed: Aug 29, 1984 | Docket: 1509978

Cited 22 times | Published

the State, exercising its discretion under Section 958.04(1), Florida Statutes (1979), directed that

State v. Goodson

403 So. 2d 1337

Supreme Court of Florida | Filed: Sep 10, 1981 | Docket: 1672809

Cited 22 times | Published

denying the motion, the trial judge construed section 958.04(2)[1] of the act as being directory rather

Bloodworth v. State

769 So. 2d 1117, 2000 WL 1468604

District Court of Appeal of Florida | Filed: Oct 4, 2000 | Docket: 1739218

Cited 19 times | Published

originally imposed as a condition of probation." Section 958.04(2)(b) specifies that a court may impose as

Postell v. State

383 So. 2d 1159

District Court of Appeal of Florida | Filed: Jun 3, 1980 | Docket: 457674

Cited 16 times | Published

one who meets the eligibility requirements of Section 958.04(1), Florida Statutes (Supplement 1978), and

Thomas v. State

825 So. 2d 1032, 2002 WL 31026986

District Court of Appeal of Florida | Filed: Sep 12, 2002 | Docket: 1691185

Cited 14 times | Published

of incarceration was illegal because, under section 958.04(2)(b), Florida Statutes (1995), the trial court

Allen v. State

526 So. 2d 69, 1988 WL 59164

Supreme Court of Florida | Filed: Jun 9, 1988 | Docket: 1272834

Cited 14 times | Published

27 (effective July 1, 1985), and replaced by section 958.04. Although we decide the issue presented based

Preston v. State

411 So. 2d 297

District Court of Appeal of Florida | Filed: Mar 23, 1982 | Docket: 1327061

Cited 14 times | Published

mandatory if a defendant meets the requirements of Section 958.04(1), Florida Statutes (1979), State v. Goodson

Goodson v. State

392 So. 2d 1335

District Court of Appeal of Florida | Filed: Aug 14, 1980 | Docket: 1678415

Cited 13 times | Published

a youthful offender under the guidelines of section 958.04(2), Florida Statutes (Supp. 1978) after he

Kelly v. State

739 So. 2d 1164, 1999 WL 533606

District Court of Appeal of Florida | Filed: Jul 16, 1999 | Docket: 1688827

Cited 12 times | Published

sentence imposed under the Youthful Offender Act, section 958.04, Florida Statutes (1997), is "in lieu of other

State v. Arnette

604 So. 2d 482, 1992 WL 205559

Supreme Court of Florida | Filed: Aug 27, 1992 | Docket: 1289623

Cited 11 times | Published

year provision of the Youthful Offender Act (section 958.04(2)(c) and (d), Florida Statutes), contrary

Porter v. State

702 So. 2d 257, 1997 WL 740715

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 1513268

Cited 10 times | Published

minimum mandatory sentence for use of a firearm. Section 958.04(2), Florida Statutes (1995), provides that

Lee v. State

679 So. 2d 1158, 1996 WL 350168

Supreme Court of Florida | Filed: Jun 27, 1996 | Docket: 471841

Cited 10 times | Published

been classified as a youthful offender under section 958.04(2), Florida Statutes (1979).[2] After the circuit

Therrien v. State

914 So. 2d 942, 2005 WL 2779476

Supreme Court of Florida | Filed: Oct 27, 2005 | Docket: 1781223

Cited 9 times | Published

probation or in a community control program." § 958.04(2)(a), Fla. Stat. (1995). [4] Section 948.04(3)

Blaxton v. State

868 So. 2d 620, 2004 WL 503792

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 1510584

Cited 9 times | Published

originally imposed as a condition of probation. Section 958.04(2)(b), Florida Statutes (1997), provides:

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

Kepner v. State

577 So. 2d 576, 1991 WL 41055

Supreme Court of Florida | Filed: Mar 28, 1991 | Docket: 1136139

Cited 9 times | Published

sanctions is the maximum youthful offender sentence. § 958.04(2)(a), Fla. Stat. (1989). Although the judge verbalized

Poore v. State

503 So. 2d 1282, 12 Fla. L. Weekly 450

District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 1453615

Cited 9 times | Published

originally classified as a youthful offender under section 958.04, Florida Statutes (1981), and sentenced on

Jackson v. State

137 So. 3d 470, 2014 Fla. App. LEXIS 4361, 2014 WL 1225270

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240327

Cited 8 times | Published

Youthful Offender Act as amended in 2008. See § 958.04(l)(b), Fla. Stat. (2008). Appellant argues that

Blacker v. State

49 So. 3d 785, 2010 Fla. App. LEXIS 15807, 2010 WL 4103159

District Court of Appeal of Florida | Filed: Oct 20, 2010 | Docket: 60296852

Cited 8 times | Published

youthful offender sentence in accordance with section 958.04(3). A sentence imposed under the Florida Youthful

State v. Richardson

766 So. 2d 1111, 2000 WL 1153996

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1697680

Cited 8 times | Published

six-year mitigated sentence as a youthful offender, § 958.04, Fla. Stat. (1995), waiving all time-served credit

Nolte v. State

726 So. 2d 307

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 1711551

Cited 8 times | Published

sentence as a youthful offender pursuant to section 958.04, Florida Statutes (1995). Besides being sixteen

Holmes v. State

638 So. 2d 986, 1994 WL 256889

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 2569001

Cited 8 times | Published

criminal penalties authorized by law... ." Section 958.04(2), Florida Statutes (1993). The record is

Trenary v. State

453 So. 2d 1132

District Court of Appeal of Florida | Filed: Jun 22, 1984 | Docket: 1162797

Cited 8 times | Published

sentencing under the Youthful Offender Act as section 958.04(1)(b), Florida Statutes (1979), requires, among

Whitlock v. State

404 So. 2d 795

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 1782658

Cited 8 times | Published

classified as a youthful offender *796 because section 958.04(1)(c)[1] excludes persons found guilty of a

In Re Amendments to the Florida Rules of Criminal Procedure

26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948, 34 Fla. L. Weekly Fed. S 629

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

State v. Wooten

782 So. 2d 408, 2001 WL 76995

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1512092

Cited 7 times | Published

entering a youthful offender sentence, pursuant to section 958.04, Florida Statutes (1999), and not applying

Davis v. State

677 So. 2d 1366, 1996 WL 455842

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 1690167

Cited 7 times | Published

gave no written reasons to justify a departure. § 958.04(3), Fla. Stat. (1995). The record does not indicate

Gardner v. State

656 So. 2d 933, 1995 WL 258911

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 1283724

Cited 7 times | Published

sentenced as a youthful offender in all four cases. Section 958.04, Florida Statutes (1987), authorizes a trial

State v. Oates

610 So. 2d 522, 1992 WL 361315

District Court of Appeal of Florida | Filed: Nov 25, 1992 | Docket: 1413669

Cited 7 times | Published

term of incarceration does not exceed 364 days. § 958.04(2)(a) and (b), Fla. Stat. (1989). The issue here

Reeves v. State

605 So. 2d 562, 1992 WL 235301

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 1343577

Cited 7 times | Published

on youthful offender sentences applies under section 958.04(2)(a), Florida Statutes (1987). The parties

Johnson v. State

574 So. 2d 222, 1991 WL 6004

District Court of Appeal of Florida | Filed: Jan 24, 1991 | Docket: 1437311

Cited 7 times | Published

the basic training program provided for in section 958.04(4), Florida Statutes. Upon the satisfactory

Cooper v. State

465 So. 2d 1334, 10 Fla. L. Weekly 747

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 1324202

Cited 7 times | Published

punished him as a youthful offender pursuant to section 958.04, Florida Statutes (1983), following a plea

Martinez v. State

123 So. 3d 701, 2013 WL 5777830, 2013 Fla. App. LEXIS 17152

District Court of Appeal of Florida | Filed: Oct 28, 2013 | Docket: 60235176

Cited 6 times | Published

years if sentenced as a youthful offender. See § 958.04(2), Fla. Stat. (2012); Bennett v. State, 24 So

Christian v. State

84 So. 3d 437, 2012 WL 1121748, 2012 Fla. App. LEXIS 5291

District Court of Appeal of Florida | Filed: Apr 5, 2012 | Docket: 60306740

Cited 6 times | Published

than 21 years of age at the time of sentencing. § 958.04(1), Fla. Stat. (2011).3 Youthful offender sentencing

Lee v. State

884 So. 2d 460, 2004 WL 2238659

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 1281893

Cited 6 times | Published

condition of probation. (Emphasis added). Section 958.04(2)(b), which governs the disposition of youthful

Jones v. State

588 So. 2d 73, 1991 WL 225567

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 2534538

Cited 6 times | Published

sentenced as a youthful offender pursuant to section 958.04, Florida Statutes. Notwithstanding the youthful

Lester v. State

563 So. 2d 178, 1990 WL 79114

District Court of Appeal of Florida | Filed: Jun 14, 1990 | Docket: 1682957

Cited 6 times | Published

Department of Corrections in contravention of section 958.04, Florida Statutes. Lester also argues that

Duke v. State

541 So. 2d 1170, 1989 WL 38857

Supreme Court of Florida | Filed: Apr 20, 1989 | Docket: 1516554

Cited 6 times | Published

for sentencing as a youthful offender under section 958.04(1)(a), Florida Statutes (Supp. 1978). The court

Dyer v. State

534 So. 2d 843, 1988 WL 126190

District Court of Appeal of Florida | Filed: Dec 1, 1988 | Docket: 1295946

Cited 6 times | Published

adjudicated a youthful offender pursuant to section 958.04, Florida Statutes (1987). We agree error occurred

State v. Weston

510 So. 2d 1001, 12 Fla. L. Weekly 1707

District Court of Appeal of Florida | Filed: Jul 14, 1987 | Docket: 1754318

Cited 6 times | Published

issue by adopting an amendment to the Y.O.A., section 958.04(3), which provides: The provisions of this

Williams v. State

405 So. 2d 436

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 1703811

Cited 6 times | Published

under 21 years of age and met the criteria of § 958.04(2), Florida Statutes, as to absence of specified

Killian v. State

387 So. 2d 385

District Court of Appeal of Florida | Filed: Jun 25, 1980 | Docket: 1706223

Cited 6 times | Published

accordance with the Youthful Offender Act, Section 958.04, Florida Statutes (Supp. 1978). This statute

Yegge v. State

88 So. 3d 1058, 2012 WL 1959383, 2012 Fla. App. LEXIS 8803

District Court of Appeal of Florida | Filed: Jun 1, 2012 | Docket: 60308126

Cited 5 times | Published

defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and

Mason v. State

864 So. 2d 1225, 29 Fla. L. Weekly Fed. D 302

District Court of Appeal of Florida | Filed: Jan 23, 2004 | Docket: 1426332

Cited 5 times | Published

generally as "boot camp" and provided for in section 958.04, Florida Statutes. Appellant successfully completed

Mendez v. State

835 So. 2d 348, 2003 WL 141633

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 1754946

Cited 5 times | Published

imposition of fines in sentencing youthful offenders. § 958.04(2)(d), Fla. Stat. (2001). The Youthful Offender

State v. Drury

829 So. 2d 287, 2002 WL 31307160

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 1454511

Cited 5 times | Published

lieu of other penalties authorized by law...." § 958.04(2), Fla. Stat. (2000). The 10/20/ Life statute

Hill v. State

692 So. 2d 277, 1997 WL 199360

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 2522464

Cited 5 times | Published

AFFIRMED. COBB and W. SHARP, JJ., concur. NOTES [1] § 958.04(2)(c), Fla. Stat. (1991). [2] Section 958.14

State v. Hicks

545 So. 2d 952, 1989 WL 68937

District Court of Appeal of Florida | Filed: Jun 27, 1989 | Docket: 1703023

Cited 5 times | Published

categorized him as a youthful offender pursuant to section 958.04, Florida Statutes (1987), and sentenced him

State v. Diers

532 So. 2d 1271, 1988 WL 113885

Supreme Court of Florida | Filed: Oct 27, 1988 | Docket: 450694

Cited 5 times | Published

sentenced pursuant to the Youthful Offender Act (section 958.04, Florida Statutes (1985)) even though the youthful

Vega v. State

498 So. 2d 1294, 11 Fla. L. Weekly 2383

District Court of Appeal of Florida | Filed: Nov 13, 1986 | Docket: 478769

Cited 5 times | Published

review denied, 482 So.2d 349 (Fla. 1986); see also § 958.04(3), Fla. Stat. (1985).[1] In Hawks v. *1296 State

Glenn v. State

411 So. 2d 1367

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 1327168

Cited 5 times | Published

classification as a youthful offender under section 958.04(2), although the trial court had discretion

Bradley v. State

385 So. 2d 1122

District Court of Appeal of Florida | Filed: Jun 25, 1980 | Docket: 1700499

Cited 5 times | Published

a youthful offender under the guidelines of section 958.04(2), Florida Statutes (Supp. 1978). We affirm

McKinney v. State

27 So. 3d 160, 2010 Fla. App. LEXIS 578, 2010 WL 325914

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 2409346

Cited 4 times | Published

committed before the defendant's 21st birthday. § 958.04(1), Fla. Stat. (2007). However, "[t]he lower court

Hudson v. State

989 So. 2d 725, 2008 WL 3978700

District Court of Appeal of Florida | Filed: Aug 29, 2008 | Docket: 1665464

Cited 4 times | Published

imposed, minus credit for time served. Because section 958.04(2)(a) limited a combined sentence of probation

Ruth v. State

949 So. 2d 288, 2007 WL 412471

District Court of Appeal of Florida | Filed: Feb 8, 2007 | Docket: 1720039

Cited 4 times | Published

appellant as a youthful offender pursuant to section 958.04, Florida Statutes (2003), which authorizes

Boynton v. State

896 So. 2d 898, 2005 WL 475537

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1283080

Cited 4 times | Published

sentences are not illegal. Affirmed. NOTES [1] Section 958.04, Florida Statutes (1987).

Lawson v. State

845 So. 2d 986, 2003 WL 21203117

District Court of Appeal of Florida | Filed: May 23, 2003 | Docket: 373352

Cited 4 times | Published

illegal under section 958.04(2)(b), Florida Statutes. The plain language of section 958.04(2)(b), Florida

State v. Paulino

696 So. 2d 425, 1997 WL 355126

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1325792

Cited 4 times | Published

to *426 impose the minimum mandatory term. See § 958.04, Fla. Stat. (1993). We reject his position. At

Harvey v. State

616 So. 2d 521, 1993 WL 75801

District Court of Appeal of Florida | Filed: Mar 19, 1993 | Docket: 1369235

Cited 4 times | Published

split sentence under the Youthful Offender Act. § 958.04, Fla. Stat. (1991). Harvey states that he is "presently

Johnson v. State

596 So. 2d 495, 1992 WL 57168

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 1358992

Cited 4 times | Published

that the sentence is, nevertheless, illegal. Section 958.04, Florida Statutes (1990 Supp.) states: (2)

Salazar v. State

544 So. 2d 313, 1989 WL 57224

District Court of Appeal of Florida | Filed: Jun 2, 1989 | Docket: 808419

Cited 4 times | Published

sentenced pursuant to the Youthful Offender Act, § 958.04(2), Fla. Stat. (1985), to four years with three

Reams v. State

528 So. 2d 558, 1988 WL 76448

District Court of Appeal of Florida | Filed: Jul 27, 1988 | Docket: 1366648

Cited 4 times | Published

Section 958.05, Florida Statutes (1979), that Section 958.04(2)(d), Florida Statutes (1985), nonetheless

Johnson v. State

482 So. 2d 398, 10 Fla. L. Weekly 2579

District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 1769216

Cited 4 times | Published

incarceration imposed upon a youthful offender under section 958.04, Florida Statutes, subsequent to revocation

Hill v. State

434 So. 2d 974

District Court of Appeal of Florida | Filed: Jun 23, 1983 | Docket: 1318619

Cited 4 times | Published

classified a youthful offender under the act. § 958.04(1)(c), Fla. Stat. (1981). The state is aware of

Greene v. State

398 So. 2d 1011

District Court of Appeal of Florida | Filed: May 21, 1981 | Docket: 317141

Cited 4 times | Published

adjudication of guilt on a burglary charge pursuant to Section 958.04(2), Florida Statutes (1979), as a youthful

Greene v. State

398 So. 2d 1011

District Court of Appeal of Florida | Filed: May 21, 1981 | Docket: 317141

Cited 4 times | Published

adjudication of guilt on a burglary charge pursuant to Section 958.04(2), Florida Statutes (1979), as a youthful

Richardson v. State

398 So. 2d 1010

District Court of Appeal of Florida | Filed: May 21, 1981 | Docket: 1489442

Cited 4 times | Published

Florida Statutes, in all respects but one. Section 958.04(1)(c) excludes from the Act persons convicted

Holmes v. State

899 So. 2d 432, 2005 WL 766976

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1353756

Cited 3 times | Published

sentenced as a youthful offender in accordance with F.S. 958.04." The defendant successfully completed the youthful

Edwards v. State

830 So. 2d 141, 2002 WL 31126712

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 2588585

Cited 3 times | Published

[2] See generally, § 958.04(2)(c), Fla. Stat. (2001). [3] See generally, § 958.04(1), Fla. Stat. (2001)

Burkett v. State

816 So. 2d 767, 2002 WL 925237

District Court of Appeal of Florida | Filed: May 9, 2002 | Docket: 2523261

Cited 3 times | Published

days in a specified facility as a penalty. See § 958.04(2)(b), Fla. Stat. (1998); Bloodworth, 769 So.2d

Louissaint v. State

727 So. 2d 403, 1999 WL 124100

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 2583558

Cited 3 times | Published

trial court sentenced him as a youthful offender, § 958.04(1)(c), Fla. Stat. (Supp. 1996), to three years

Crain v. State

653 So. 2d 442, 1995 WL 136728

District Court of Appeal of Florida | Filed: Mar 31, 1995 | Docket: 611436

Cited 3 times | Published

a youthful offender for both offenses under section 958.04, Florida Statutes (1993). At no time did it

Ford v. State

595 So. 2d 266, 1992 WL 45041

District Court of Appeal of Florida | Filed: Mar 13, 1992 | Docket: 1709139

Cited 3 times | Published

bargain. Ford now argues the sentences violate section 958.04(2)(c), Florida Statutes (1991). That statute

Dimilta v. State

590 So. 2d 1074, 1991 WL 272650

District Court of Appeal of Florida | Filed: Dec 20, 1991 | Docket: 458096

Cited 3 times | Published

upon a youthful offender to a total of six years. § 958.04(1)(c), Fla. Stat. (1989). Thus, when Dimilta was

Nguyen v. State

566 So. 2d 368, 1990 WL 127349

District Court of Appeal of Florida | Filed: Sep 6, 1990 | Docket: 512174

Cited 3 times | Published

to commence after release from incarceration. § 958.04(2)(c), Fla. Stat. Appellant was sentenced for

Allen v. State

515 So. 2d 256

District Court of Appeal of Florida | Filed: Nov 10, 1987 | Docket: 1467302

Cited 3 times | Published

six year youthful offender maximum prescribed in § 958.04(2)(d) Florida Statutes. JOANOS, WIGGINTON and

State v. Evans

503 So. 2d 985, 12 Fla. L. Weekly 758

District Court of Appeal of Florida | Filed: Mar 12, 1987 | Docket: 1452773

Cited 3 times | Published

downward departure. The pertinent statute is section 958.04(3): The provisions of this section shall not

State v. Gibron

478 So. 2d 475, 10 Fla. L. Weekly 2552

District Court of Appeal of Florida | Filed: Nov 13, 1985 | Docket: 1484806

Cited 3 times | Published

defendant meets the threshold requirements of section 958.04(1) for classification as a youthful offender

Wilson v. State

438 So. 2d 108

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 1446551

Cited 3 times | Published

prior to serving such minimum sentence. [2] Section 958.04, Florida Statutes (1981). [3] See Alexander

Bell v. State

429 So. 2d 403

District Court of Appeal of Florida | Filed: Mar 29, 1983 | Docket: 1667571

Cited 3 times | Published

2d 1337 *404 (Fla. 1981), which interpreted Section 958.04(2), Florida Statutes (Supp. 1978), as providing

Waugh v. State

406 So. 2d 1238

District Court of Appeal of Florida | Filed: Dec 4, 1981 | Docket: 2585122

Cited 3 times | Published

been sentenced as a youthful offender under section 958.04, Florida Statutes (1979). The trial judge's

Spikes v. State

405 So. 2d 430

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1703662

Cited 3 times | Published

to sentence her as a youthful offender under section 958.04, Florida Statutes (1979). We affirm her conviction

Davenport v. State

396 So. 2d 232

District Court of Appeal of Florida | Filed: Apr 24, 1981 | Docket: 1447263

Cited 3 times | Published

appellant pursuant to the Youthful Offender Act, Section 958.04(2), Florida Statutes. Since the appellant met

Robin Eustache v. State of Florida

248 So. 3d 1097

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417582

Cited 2 times | Published

years' probation. Majority op. at 1098-99; see § 958.04, Fla. Stat. (2017). After being on probation for

Shultz v. State

136 So. 3d 1232, 2014 Fla. App. LEXIS 5506, 2014 WL 1468091

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239943

Cited 2 times | Published

permissibly treated as a youthful offender under section 958.04(1), Florida Statutes (1979), must be resentenced

Hamil v. State

106 So. 3d 495, 2013 WL 163459, 2013 Fla. App. LEXIS 572

District Court of Appeal of Florida | Filed: Jan 16, 2013 | Docket: 60228220

Cited 2 times | Published

of receiving a youthful offender sentence. See § 958.04(l)(b), Fla. Stat. (2010). During the plea colloquy

Porter v. State

940 So. 2d 579, 2006 WL 3052512

District Court of Appeal of Florida | Filed: Oct 30, 2006 | Docket: 433059

Cited 2 times | Published

Bloodworth v. State, 769 So.2d 1117 (Fla. 2d DCA 2000); § 958.04(2)(b), Fla. Stat. (2001). Appellant's current

Diaz v. State

929 So. 2d 668, 2006 WL 1341299

District Court of Appeal of Florida | Filed: May 18, 2006 | Docket: 1186901

Cited 2 times | Published

in a youthful offender boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997). See Thomas

Cutler v. State

927 So. 2d 249, 2006 WL 1196464

District Court of Appeal of Florida | Filed: May 5, 2006 | Docket: 1765217

Cited 2 times | Published

resentenced in both cases in accordance with section 958.04(2)(b) and 958.045(5)(c) to a total of 364 days'

Claridy v. State

911 So. 2d 856, 2005 WL 2297538

District Court of Appeal of Florida | Filed: Sep 22, 2005 | Docket: 2541261

Cited 2 times | Published

in a youthful offender boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997). See Thomas

State v. Miller

888 So. 2d 76, 2004 WL 2409350

District Court of Appeal of Florida | Filed: Oct 29, 2004 | Docket: 2542989

Cited 2 times | Published

terms and conditions as provided in s. 948.03." Section 958.04, Florida Statutes (2002), then contains the

Beatrice v. State

832 So. 2d 972, 2003 WL 25872298

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1700074

Cited 2 times | Published

felony can be sentenced as a youthful offender. § 958.04(1)(c). Because appellant was found guilty of a

White v. State

828 So. 2d 491, 2002 WL 31373686

District Court of Appeal of Florida | Filed: Oct 23, 2002 | Docket: 2563153

Cited 2 times | Published

which could be served under incarceration. See § 958.04(2)(a)(c)(d), Fla. Stat. (1987); Louissaint v.

Simpkins v. State

784 So. 2d 1203, 2001 WL 356129

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 1492592

Cited 2 times | Published

sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1999). He was younger than

Collado v. State

776 So. 2d 355, 2001 WL 76692

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 421837

Cited 2 times | Published

shall not exceed the original sentence imposed. § 958.04(2)(c), (d), Fla.Stat. (Supp.1998).[2] Where, as

Smith v. State

750 So. 2d 754, 2000 WL 125968

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 1426687

Cited 2 times | Published

sentenced as a youthful offender in accordance with section 958.04(1), Florida Statutes (1997). If, however, the

Johnson v. State

726 So. 2d 359, 1999 WL 35215

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 1711589

Cited 2 times | Published

maximum permissible for a youthful offender. Section 958.04(2)(c), Florida Statutes (Supp.1996), provides:

State v. Davis

721 So. 2d 1243, 1998 WL 889351

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 202025

Cited 2 times | Published

incarceration does not exceed 364 days. See id.; § 958.04(2)(c), Fla. Stat. (1997). *1244 This case is controlled

Hernandez v. State

672 So. 2d 66, 1996 WL 179906

District Court of Appeal of Florida | Filed: Apr 17, 1996 | Docket: 2581485

Cited 2 times | Published

probation, must be read in conjunction with section 958.04(3), which provides that a sentence greater

Blackmon v. State

616 So. 2d 587, 1993 WL 96770

District Court of Appeal of Florida | Filed: Apr 5, 1993 | Docket: 2577642

Cited 2 times | Published

wishes to exercise its discretion pursuant to section 958.04, Florida Statutes. See Ellis v. State, 475

Bell v. State

598 So. 2d 203, 1992 WL 91413

District Court of Appeal of Florida | Filed: May 6, 1992 | Docket: 2573302

Cited 2 times | Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes (1989), yet his sentence

Betancourt v. State

550 So. 2d 1121, 1989 WL 6211

District Court of Appeal of Florida | Filed: Jan 31, 1989 | Docket: 1369908

Cited 2 times | Published

followed by two years of community control. See § 958.04(2)(c), Fla. Stat. (1987). There is no indication

State v. Nealy

532 So. 2d 1117, 1988 WL 109640

District Court of Appeal of Florida | Filed: Oct 21, 1988 | Docket: 1510261

Cited 2 times | Published

therefore be supported by written reasons. Section 958.04(3) of the Youthful Offender Act is the only

State v. Diers

517 So. 2d 788, 1988 WL 351

District Court of Appeal of Florida | Filed: Jan 8, 1988 | Docket: 541057

Cited 2 times | Published

of other criminal penalties authorized by law." § 958.04(2), Fla. Stat. (1985). Second, the legislative

Wilson v. State

515 So. 2d 254

District Court of Appeal of Florida | Filed: Oct 1, 1987 | Docket: 1749239

Cited 2 times | Published

defendant was adjudicated a youthful offender (section 958.04, Florida Statutes). On February 1, 1984, he

Trenary v. State

423 So. 2d 458

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 544386

Cited 2 times | Published

sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1979). Second degree murder

Newberry v. State

421 So. 2d 546

District Court of Appeal of Florida | Filed: Sep 15, 1982 | Docket: 1719419

Cited 2 times | Published

appellant qualifies under the mandatory language of section 958.04(2), Florida Statutes (1979) as a youthful offender

Michael Jon Moss v. State of Florida

270 So. 3d 559

District Court of Appeal of Florida | Filed: May 13, 2019 | Docket: 15420920

Cited 1 times | Published

sentence, but is unavailable for life felonies. § 958.04(1) & (2), Fla. Stat.

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

STATE OF FLORIDA v. JACOB LACKEY

248 So. 3d 1222

District Court of Appeal of Florida | Filed: Jun 1, 2018 | Docket: 7002807

Cited 1 times | Published

youthful offender designation pursuant to section 958.04, Florida Statutes (2015).1 Mr. Lackey's

Eustache v. State

199 So. 3d 484, 2016 Fla. App. LEXIS 13209, 2016 WL 4540552

District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 60256611

Cited 1 times | Published

impose a sentence above the cap provisions of section 958.04(2), Florida Statutes, it must impose all of

Jermaine C. Jackson v. State of Florida

191 So. 3d 423, 41 Fla. L. Weekly Supp. 209, 2016 WL 2586306, 2016 Fla. LEXIS 956

Supreme Court of Florida | Filed: May 5, 2016 | Docket: 3061090

Cited 1 times | Published

correct certain costs imposed against him; (4) section 958.04 (1)(b), Florida Statutes (2008), Florida’s

Gallimore v. State

100 So. 3d 1264, 2012 Fla. App. LEXIS 20230, 2012 WL 5870091

District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60225614

Cited 1 times | Published

sentenced as a youthful offender pursuant to section 958.04(1), Florida Statutes (2008).3 At the sentencing

Lamore v. State

86 So. 3d 546, 2012 WL 1366725, 2012 Fla. App. LEXIS 6176

District Court of Appeal of Florida | Filed: Apr 20, 2012 | Docket: 60307709

Cited 1 times | Published

added). He further asserted that pursuant to section 958.04(2)(b), Florida Statutes (2005), this meant

Bennett v. State

24 So. 3d 693, 2009 Fla. App. LEXIS 19940, 2009 WL 4912597

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 1152689

Cited 1 times | Published

to sentence him as a youthful offender under section 958.04, Florida Statutes (2007), while the state requested

Davis v. State

16 So. 3d 995, 2009 Fla. App. LEXIS 12662, 34 Fla. L. Weekly Fed. D 1765

District Court of Appeal of Florida | Filed: Aug 28, 2009 | Docket: 1127103

Cited 1 times | Published

sentenced him as a youthful offender under section 958.04, Florida Statutes, to two years of incarceration

In Re Amendments to Fl. Rules of Crim. Procedure

998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

Martinez v. State

980 So. 2d 1245, 2008 WL 1960293

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 1420114

Cited 1 times | Published

violation of his supervision in violation of section 958.04(2)(c), Florida Statutes (2006). At the hearing

Smith v. State

968 So. 2d 675, 2007 WL 3355568

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1498713

Cited 1 times | Published

WARNER and POLEN, JJ., concur. NOTES [1] See § 958.04(2)(b), Fla. Stat.; Mason v. State, 864 So.2d 1225

Woodson-Kenon v. State

963 So. 2d 347, 2007 WL 2376710

District Court of Appeal of Florida | Filed: Aug 22, 2007 | Docket: 2508228

Cited 1 times | Published

youthful offender even if he had considered section 958.04, his failure to consider the statute does not

Smith v. State

941 So. 2d 565, 2006 WL 3299467

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 431565

Cited 1 times | Published

sentence that exceeds six years in length. See § 958.04(2)(c), Fla. Stat. (1999). The appellant was originally

Green v. State

902 So. 2d 898, 2005 WL 1277865

District Court of Appeal of Florida | Filed: Jun 1, 2005 | Docket: 2551757

Cited 1 times | Published

sentenced to no more than 364 days in jail under section 958.04(2)(b). See Thomas v. State, 825 So.2d 1032

Windom v. State

835 So. 2d 1174, 2002 WL 31840846

District Court of Appeal of Florida | Filed: Dec 20, 2002 | Docket: 1643081

Cited 1 times | Published

cap on youthful offender sentences found in section 958.04(2)(a), Florida Statutes (1989), as it existed

Dow v. State

823 So. 2d 830, 2002 WL 1968829

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 1512800

Cited 1 times | Published

would receive youthful offender sanctions? Section 958.04(2)(d), Florida Statutes (1997), indicates that

State v. Butler

719 So. 2d 344, 1998 WL 646676

District Court of Appeal of Florida | Filed: Sep 23, 1998 | Docket: 1379902

Cited 1 times | Published

that the defendant was sentenced pursuant to section 958.04(2)(c), of the Youthful Offender Statute, which

Fields v. State

712 So. 2d 413, 1998 WL 235976

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1737185

Cited 1 times | Published

within the statutory maximum for each offense. See § 958.04(2)(d), Fla. Stat. (1995). In addition to the invalid

Lee v. State

667 So. 2d 253, 1995 WL 511480

District Court of Appeal of Florida | Filed: Aug 31, 1995 | Docket: 184784

Cited 1 times | Published

classify him as a youthful offender, pursuant to section 958.04, Florida Statutes (1979). At the time of Lee's

State v. Green

541 So. 2d 789, 1989 WL 36278

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 2586919

Cited 1 times | Published

sentenced as a youthful offender pursuant to section 958.04, Florida Statutes (1987), to a term below that

Tutson v. State

453 So. 2d 497, 1984 Fla. App. LEXIS 14335

District Court of Appeal of Florida | Filed: Jul 31, 1984 | Docket: 64606117

Cited 1 times | Published

classified as a youthful offender pursuant to Section 958.04(3), Florida Statutes 1979. The documents filed

Tutson v. State

453 So. 2d 497, 1984 Fla. App. LEXIS 14335

District Court of Appeal of Florida | Filed: Jul 31, 1984 | Docket: 64606117

Cited 1 times | Published

classified as a youthful offender pursuant to Section 958.04(3), Florida Statutes 1979. The documents filed

Latrice A. Jones v. State of Florida

District Court of Appeal of Florida | Filed: Jan 29, 2025 | Docket: 69587774

Published

felony can be sentenced as a youthful offender. § 958.04(1)(c). Because appellant was found guilty of a

Walter John Williams v. the State of Florida

District Court of Appeal of Florida | Filed: Sep 25, 2024 | Docket: 69193185

Published

sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1979), for offenses committed

Jordan Cayne Hutchinson v. State of Florida

District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171509

Published

eligible for a youthful offender sentence. See § 958.04(1)(b), Fla. Stat. (2018). He also challenges certain

Marquice Emanule Nolan v. State of Florida

District Court of Appeal of Florida | Filed: Jan 31, 2024 | Docket: 68209001

Published

period of incarceration and probation to six years. § 958.04(1), (2)(c), Fla. Stat. (2017). If a youthful offender

Demetrius Carey v. Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 2023 | Docket: 66734684

Published

youthful-offender consideration. See FLA. STAT. § 958.04(1)(c). Carey again relies on hindsight

Eric Demond Parrish v. State of Florida

District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146

Published

because he was convicted of a life felony. See § 958.04(1)(c), Fla. Stat.

Eric Demond Parrish v. State of Florida

District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146

Published

because he was convicted of a life felony. See § 958.04(1)(c), Fla. Stat.

Marvin Love v. State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2019 | Docket: 16401537

Published

seventeen years old at the time of the offense. § 958.04, Fla. Stat. (2009) (“. . . if the offender is

Holly Elizabeth Caudle v. State of Florida

District Court of Appeal of Florida | Filed: Aug 16, 2019 | Docket: 16068376

Published

to be guilty of a capital or life felony, see § 958.04(l)(c), Fla. Stat. (2014), Appellant was not convicted

Redden v. State

275 So. 3d 1277

District Court of Appeal of Florida | Filed: Jul 26, 2019 | Docket: 64720707

Published

possibility of a youthful offender disposition under section 958.04, Florida Statutes (2018). If counsel had advised

Redden v. State

275 So. 3d 1277

District Court of Appeal of Florida | Filed: Jul 26, 2019 | Docket: 64720708

Published

possibility of a youthful offender disposition under section 958.04, Florida Statutes (2018). If counsel had advised

Cooper v. State

267 So. 3d 558

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709242

Published

sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender

Cooper v. State

267 So. 3d 558

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709241

Published

sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender

JOSHUA E WALLACE v. STATE OF FLORIDA

257 So. 3d 1054

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074522

Published

struggling with Appellant’s 1 See § 921.0026(2)(l); § 958.04, Fla. Stat. (2016). uncle. Appellant responded

Evan Cook Wilhelm v. State of Florida

253 So. 3d 736

District Court of Appeal of Florida | Filed: Aug 10, 2018 | Docket: 7638661

Published

charges were filed when Mr. Wilhelm turned 21. See § 958.04(1)(b), Fla. Stat. (authorizing youthful offender

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

Evan Cook Wilhelm v. State of Florida

District Court of Appeal of Florida | Filed: Jun 4, 2018 | Docket: 7024341

Published

filed when Mr. Wilhelm turned twenty-one. See § 958.04(1)(b), Fla. Stat. (authorizing youthful offender

BRITTON BLACKWOOD v. STATE OF FLORIDA

243 So. 3d 417

District Court of Appeal of Florida | Filed: Apr 11, 2018 | Docket: 6360302

Published

the Youthful Offender Act as amended in 2008. § 958.04(1)(b), Fla. Stat. (2008). However, Appellant asserts

Demetrius C. Cooper v. State

235 So. 3d 1034

District Court of Appeal of Florida | Filed: Jan 12, 2018 | Docket: 6262725

Published

sentenced under the Youthful Offencjer Act. See § 958.04, Fla. Stat. (2009), The Act subjects an offender

Pacheco-Velasquez v. State

208 So. 3d 293, 2016 Fla. App. LEXIS 18681

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555827

Published

sentencing as a youthful offender. 4 Section 958.04(2)(a), Florida Statutes (2018), provides the

Stewart v. State

201 So. 3d 1258, 2016 Fla. App. LEXIS 15880

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60256957

Published

on the nature of the charges in this case.* See § 958.04, Fla. Stat. (2014) (precluding youthful offender

McBurnett v. State

188 So. 3d 972, 2016 WL 1465646, 2016 Fla. App. LEXIS 5767

District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 60254375

Published

07(1), 775.082(3)(c), Fla. Stat. (2009). . See § 958.04(l)-(2), Fla. Stat. (2009).

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned

Cruz v. State

198 So. 3d 648, 2015 Fla. App. LEXIS 17040, 2015 WL 7074660

District Court of Appeal of Florida | Filed: Nov 13, 2015 | Docket: 3012527

Published

control followed by probation. See § 958.04, Fla. Stat. (2013). In case 13-CF-17933, Mr. Cruz

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

Blaxton v. State

179 So. 3d 358, 2015 Fla. App. LEXIS 15032, 2015 WL 5916841

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 2866470

Published

” § 958.045(5)(c), Fla. Stat. (1997). While section 958.04(2)(b) provides that a period of incarceration

Yegge v. State

186 So. 3d 553, 2015 Fla. App. LEXIS 5441, 2015 WL 1650293

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2649586

Published

that the sentencing limitations contained in section 958.04, which preclude sentencing enhancements, do

Lewis v. State

159 So. 3d 288, 2015 Fla. App. LEXIS 2952, 2015 WL 895884

District Court of Appeal of Florida | Filed: Mar 4, 2015 | Docket: 60246541

Published

was sentenced as a youthful offender under section 958.04, Florida Statutes (2010), to probation for

Florida Department of Corrections v. Williams

162 So. 3d 42, 2014 WL 2810640, 2014 Fla. App. LEXIS 9479

District Court of Appeal of Florida | Filed: Jun 23, 2014 | Docket: 60247584

Published

Ass’n, Inc., 104 So.3d 344, 351 (Fla.2012). Section 958.04(2)(b), Florida Statutes, provides, in part

Siler v. State

135 So. 3d 1126, 2014 WL 1305896, 2014 Fla. App. LEXIS 4828

District Court of Appeal of Florida | Filed: Apr 2, 2014 | Docket: 60239412

Published

sentence of imprisonment not exceeding six years. § 958.04(2), Fla. Stat. (2010). Because the trial court

Josey v. State

128 So. 3d 247, 2013 WL 6481618, 2013 Fla. App. LEXIS 19633

District Court of Appeal of Florida | Filed: Dec 11, 2013 | Docket: 60237040

Published

applicable to youthful offender sentences under section 958.04, Florida Statutes (1997). The postconviction

Davis v. State

117 So. 3d 815, 2013 WL 3197131, 2013 Fla. App. LEXIS 10074

District Court of Appeal of Florida | Filed: Jun 26, 2013 | Docket: 60232791

Published

TAYLOR, GERBER and CONNER, JJ., concur. . Section 958.04 concerns the disposition of youthful offenders

Tobler v. State

115 So. 3d 1090, 2013 WL 3100530, 2013 Fla. App. LEXIS 9799

District Court of Appeal of Florida | Filed: Jun 21, 2013 | Docket: 60232089

Published

2006-520-CF, 2006-643-CF, 2006-1321-CF . Section 958.04(2)(b), Fla. Stat. (2005), provides: The court

Rolle v. State

125 So. 3d 914, 2013 WL 1810594, 2013 Fla. App. LEXIS 6935

District Court of Appeal of Florida | Filed: May 1, 2013 | Docket: 60236115

Published

offender,. would limit the sentence to six years. See § 958.04, Fla. Stat. (2011). The court cautioned Rolle:

Wright v. State

96 So. 3d 1145, 2012 WL 3965140, 2012 Fla. App. LEXIS 15318

District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60311465

Published

“committed before the defendant’s 21st birthday.” § 958.04(l)(b), Fla. Stat. (2007) (emphasis supplied).

State v. Malone

50 So. 3d 60, 2010 Fla. App. LEXIS 18626, 2010 WL 4967978

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297323

Published

court to sentence him as a youthful offender. See § 958.04(l)(c), Fla. Stat. (2008) (“[A] person who has

Urban v. State

46 So. 3d 1113, 2010 Fla. App. LEXIS 16550, 2010 WL 4257551

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 60296120

Published

could impose a youthful offender sentence under section 958.04(l)(b), Florida Statutes, if the defendant committed

State v. Pelham

25 So. 3d 1253, 2010 Fla. App. LEXIS 285, 2010 WL 176390

District Court of Appeal of Florida | Filed: Jan 20, 2010 | Docket: 1662208

Published

as a youthful offender sentence. We agree. Section 958.04, Florida Statutes (2006), permits a trial court

Love v. State

24 So. 3d 704, 2009 Fla. App. LEXIS 20024, 2009 WL 4928052

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1151543

Published

youthful offender attended boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997). Love alleged

Rivera v. State

16 So. 3d 330, 2009 Fla. App. LEXIS 13776, 2009 WL 2949293

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 1436376

Published

or more of his offenses were life felonies. See § 958.04(1)(c), Fla. Stat. (2004). As the state points

Windham v. State

14 So. 3d 255, 2009 Fla. App. LEXIS 10071, 2009 WL 2190216

District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 1160250

Published

qualified for a youthful offender sentence. See § 958.04(1), Fla. Stat. (effective to Sept. 30, 2008) (“The

Moreland v. State

963 So. 2d 949, 2007 Fla. App. LEXIS 13828, 2007 WL 2481049

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 64852059

Published

sentencing, and addressing the criteria under section 958.04(1), Florida Statutes, relating to ground eight

State v. Blackburn

965 So. 2d 231, 2007 WL 2481016

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1509088

Published

and community control. Blackburn points to section 958.04(2)(a), Florida Statutes (2005), which provides

Johnson v. State

959 So. 2d 1239, 2007 Fla. App. LEXIS 10202, 2007 WL 1827486

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 64851481

Published

2003); *1240see also Fla. R.Crim. P. 3.800(b), and § 958.04(2), Fla. Stat. (2001).

Moreland v. State

945 So. 2d 606, 2006 WL 3733154

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 2546139

Published

seek sentencing as a youthful offender under section 958.04(1), Fla. Stat. See generally Croskey v. State

Goelz v. State

937 So. 2d 1237, 2006 Fla. App. LEXIS 16456, 2006 WL 2738993

District Court of Appeal of Florida | Filed: Sep 27, 2006 | Docket: 64846894

Published

declared him a youthful offender, pursuant to section 958.04(2)(e), Florida Statutes, the combined sentence

Lynch v. State

898 So. 2d 277, 2005 Fla. App. LEXIS 5230, 2005 WL 856070

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 64837370

Published

court imposed an illegal sentence, we reverse. Section 958.04(2)(c), Florida Statutes (Supp.1996), provides

Amendments to the Florida Rules of Criminal Procedure

886 So. 2d 197, 29 Fla. L. Weekly Supp. 568, 2004 Fla. LEXIS 1746, 2004 WL 2248209

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 64834033

Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

Sloan v. State

884 So. 2d 378, 2004 Fla. App. LEXIS 13445, 2004 WL 2008293

District Court of Appeal of Florida | Filed: Sep 10, 2004 | Docket: 64833488

Published

withhold adjudication. We agree and reverse. Section 958.04, Florida Statutes (2002), “Judicial disposition

State v. Brown

855 So. 2d 270, 2003 Fla. App. LEXIS 14901, 2003 WL 22259217

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 64825271

Published

years of age at the time the crime was committed. § 958.04(l)(c), Fla. Stat. (2002). Under these circumstances

Papinchak v. State

870 So. 2d 40, 2003 Fla. App. LEXIS 13941, 2003 WL 22106675

District Court of Appeal of Florida | Filed: Sep 12, 2003 | Docket: 64829595

Published

as a condition of probation in violation of section 958.04(2)(b), which allows the trial court to impose

McKee v. State

844 So. 2d 816, 2003 WL 21106137

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1197007

Published

statutory maximum for third-degree felonies. While section 958.04(2)(d), Florida Statutes, of the Florida Youthful

Hodges v. State

842 So. 2d 300, 2003 Fla. App. LEXIS 5414, 2003 WL 1877966

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64822020

Published

Lewis v. State, 841 So.2d 582 (Fla. 3d DCA 2003); § 958.04(1)(c), Fla. Stat. (2000).

Inman v. State

842 So. 2d 862, 2003 Fla. App. LEXIS 151, 2003 WL 69532

District Court of Appeal of Florida | Filed: Jan 10, 2003 | Docket: 64822157

Published

of other criminal penalties authorized by law.” § 958.04(2), Fla. Stat. (1999). Although *863we have not

Lampkins v. State

798 So. 2d 883, 2001 Fla. App. LEXIS 15706, 2001 WL 1359676

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 64809848

Published

maximum of four years of imprisonment provided by section 958.04(2)(c), Florida Statutes (2000). See also Nguyen

Manucy v. State

806 So. 2d 526, 2001 Fla. App. LEXIS 14963, 2001 WL 1398528

District Court of Appeal of Florida | Filed: Oct 16, 2001 | Docket: 64812196

Published

PER CURIAM. AFFIRMED. See § 958.04(2)(d), Fla. Stat. (1998). SHARP, W., SAWAYA and ORFINGER, R.B., JJ

Quiles v. State

792 So. 2d 1217, 2001 Fla. App. LEXIS 11863, 2001 WL 945302

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 64807875

Published

affect a youthful offender sentence. Under section 958.04(2)(d), Florida Statutes (Supp.1996), a youthful

Baptiste v. State

791 So. 2d 1254, 2001 Fla. App. LEXIS 11911, 2001 WL 945855

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 64807607

Published

youthful offender sentence cannot exceed four years. § 958.04(2)(c), (d), Fla. Stat. (1999) * ; Collado v. State

Cluck v. State

787 So. 2d 262, 2001 Fla. App. LEXIS 7330, 2001 WL 557600

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 64806081

Published

motion to modify his sentences pursuant to section 958.04(4)(e), Florida Statutes (Supp.1994). The trial

Crawley v. State

787 So. 2d 886, 2001 Fla. App. LEXIS 5476, 2001 WL 417199

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 64806223

Published

sentence under the Youthful Offender Act. See § 958.04(1), Fla. Stat. (Supp.1996). Crawley contends that

Campbell v. State

777 So. 2d 461, 2001 WL 121241

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1403519

Published

youthful offender. Appellant argues that under section 958.04(2)(c), Florida Statutes (1995) he could only

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

Leonhardt v. State

779 So. 2d 452, 2000 Fla. App. LEXIS 13233, 2000 WL 1514110

District Court of Appeal of Florida | Filed: Oct 13, 2000 | Docket: 64804166

Published

when added together, shall not exceed 6 years.” § 958.04(2)(c), Fla. Stat. (1995). See Kirkman v. State

Jones v. State

769 So. 2d 429, 2000 Fla. App. LEXIS 11796, 2000 WL 1298819

District Court of Appeal of Florida | Filed: Sep 15, 2000 | Docket: 64801044

Published

to resentence appellant in conformity with section 958.04(2)(c) of the Florida Statutes (1999). See Louissaint

Higgs v. State

754 So. 2d 131, 2000 Fla. App. LEXIS 3405, 2000 WL 293834

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64796146

Published

PER CURIAM. Affirmed. § 958.04(l)(c), Fla. Stat. (1996) (“no person who has been found guilty of a capital

Gardner v. State

766 So. 2d 281, 2000 Fla. App. LEXIS 1349

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 64800124

Published

resentencing. Under the Youthful Offender Act, section 958.04(3), Florida Statutes (1997), the defendant

Durant v. State

763 So. 2d 1157, 2000 WL 36295

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 1278521

Published

excess of the statutory maximum). Pursuant to section 958.04(2)(c), Florida Statutes (1997), the total term

Holbert v. State

747 So. 2d 1057, 2000 Fla. App. LEXIS 120, 2000 WL 8251

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 64793590

Published

sentenced as a youthful of*1058fender under section 958.04 of the Florida Statutes (1997). Our review

Riley v. State

743 So. 2d 148, 1999 Fla. App. LEXIS 13672, 1999 WL 821311

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 64791667

Published

appellant “was not eligible for boot camp under section 958.04, the court still recommended that he be screened

Brown v. State

745 So. 2d 1013, 1999 Fla. App. LEXIS 13355, 1999 WL 821096

District Court of Appeal of Florida | Filed: Oct 7, 1999 | Docket: 64792656

Published

is illegal since the Youthful Offender Act, section 958.04, limits the time a defendant can receive to

Johnson v. State

736 So. 2d 708, 1999 Fla. App. LEXIS 6844, 1999 WL 495596

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 64789211

Published

probation, is limited to a term of six years. See § 958.04, Fla. Stat. (1995). When there has been only a

State v. D.S.

732 So. 2d 24, 1999 Fla. App. LEXIS 5460, 1999 WL 247319

District Court of Appeal of Florida | Filed: Apr 28, 1999 | Docket: 64788081

Published

under the Florida Youthful Offender Statute, section 958.04, Florida Statutes (1997). See, e.g., State

State v. Vedace

727 So. 2d 1079, 1999 Fla. App. LEXIS 1768, 1999 WL 89372

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 64786642

Published

of probation, to a term exceeding 364 days. See § 958.04(2)(a), Fla. Stat. (1997); State v. Butler, 719

Schebel v. State

721 So. 2d 1177, 1998 WL 60458

District Court of Appeal of Florida | Filed: Feb 17, 1998 | Docket: 1323403

Published

the six-year maximum provided by law under section 958.04, Florida Statutes (1989). He further alleged

Baker v. State

705 So. 2d 76, 1997 Fla. App. LEXIS 14488, 1997 WL 795098

District Court of Appeal of Florida | Filed: Dec 31, 1997 | Docket: 64778622

Published

without objection, under the authority of section 958.04(4), Florida Statutes. Approximately three and

Dunson v. State

701 So. 2d 1195, 1997 Fla. App. LEXIS 12759, 1997 WL 716570

District Court of Appeal of Florida | Filed: Nov 14, 1997 | Docket: 64776999

Published

of this fundamental constitutional right and section 958.04(4)(e) cannot constitutionally authorize, even

Goodwin v. State

695 So. 2d 1317, 1997 Fla. App. LEXIS 7553, 1997 WL 363003

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 64774571

Published

the time appellant’s offenses were committed. Section 958.04(2)(c), Florida Statutes (1991), limits the

Felix v. State

709 So. 2d 547, 1997 Fla. App. LEXIS 6541, 22 Fla. L. Weekly Fed. D 1458

District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 64780218

Published

by section 948.09, Florida Statutes (1995), section 958.04, Florida Statutes (1993), or Form 3.986, Florida

Thompson v. State

693 So. 2d 138, 1997 Fla. App. LEXIS 5156, 1997 WL 249148

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 64773357

Published

reasons ' for the departure. We agree that section 958.04(3), Florida Statutes (1995) requires written

McGlocking v. State

689 So. 2d 1175, 1997 Fla. App. LEXIS 1893, 1997 WL 101167

District Court of Appeal of Florida | Filed: Mar 7, 1997 | Docket: 64771802

Published

offender to a term in excess of that permitted by section 958.04, Florida Statutes. We must decide whether a

Fayson v. State

678 So. 2d 525, 1996 Fla. App. LEXIS 9125, 21 Fla. L. Weekly Fed. D 1947

District Court of Appeal of Florida | Filed: Aug 30, 1996 | Docket: 64766764

Published

sentence, prior to modification pursuant to section 958.04(2)(d), Florida Statutes (1991), was 18 months

O'Neal v. State

667 So. 2d 413, 1996 Fla. App. LEXIS 245, 1996 WL 14047

District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64761984

Published

sentence in excess of the six-year maximum. See § 958.04(2)(c), Fla.Stat. (1991) (“the period of incarceration

State v. Smith

654 So. 2d 1299, 1995 Fla. App. LEXIS 5755, 1995 WL 322660

District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 64756396

Published

age of 21 when the offenses were committed. See § 958.04(1), Fla.Stat. (1993). Therefore, we vacate this

Prince v. State

641 So. 2d 496, 1994 Fla. App. LEXIS 8367, 1994 WL 454877

District Court of Appeal of Florida | Filed: Aug 24, 1994 | Docket: 64750412

Published

to the criminal division of the circuit court,” § 958.04(l)(a), Fla.Stat. (1993), precludes treating such

Phillips v. State

630 So. 2d 590, 1993 Fla. App. LEXIS 9221, 1993 WL 347565

District Court of Appeal of Florida | Filed: Sep 10, 1993 | Docket: 64745838

Published

to section 958.04(4)(e), Florida Statutes, cited in appellant’s memorandum of law. Section 958.04(4)(e)

Tanner v. State

609 So. 2d 776, 1992 Fla. App. LEXIS 13642, 1992 WL 387659

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 64692611

Published

PER CURIAM. Affirmed. § 958.04(2), Fla.Stat. (1989).

Powell v. State

606 So. 2d 486, 1992 Fla. App. LEXIS 10688, 1992 WL 282066

District Court of Appeal of Florida | Filed: Oct 16, 1992 | Docket: 64670689

Published

incarceration for the offense but not more than six years. § 958.04(2)(d), Fla. Stat. (1991). In view of the original

Slaughter v. State

602 So. 2d 699, 1992 Fla. App. LEXIS 8634, 1992 WL 191302

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64669032

Published

maximum allowed for third degree grand theft. Section 958.04(2), Florida Statutes (1991), limits youthful

In re Amendments to the Florida Rules of Criminal Procedure-Rules 3.140 & 3.986

603 So. 2d 1144, 17 Fla. L. Weekly Supp. 330, 1992 Fla. LEXIS 1039, 1992 WL 110901

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 64669391

Published

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To bBe ilmprisoned (Ccheck

Kirkman v. State

598 So. 2d 232, 1992 Fla. App. LEXIS 4988, 1992 WL 92423

District Court of Appeal of Florida | Filed: May 8, 1992 | Docket: 64667130

Published

011 et seq., Florida Statutes (1987). Under section 958.04(2)(c), Florida Statute (1987), the maximum

Mullin v. State

597 So. 2d 424, 1992 Fla. App. LEXIS 4504, 1992 WL 81078

District Court of Appeal of Florida | Filed: Apr 22, 1992 | Docket: 64666780

Published

in prison followed by two years probation. See § 958.04(2), Fla.Stat. (1991). However, the judgment and

Johnson v. State

586 So. 2d 1322, 1991 Fla. App. LEXIS 13953, 1991 WL 196294

District Court of Appeal of Florida | Filed: Oct 4, 1991 | Docket: 64662144

Published

him in accordance with the provisions of Florida Statute 958.04 and the case law interpreting the sentencing

State v. Lezcano

586 So. 2d 1287, 1991 Fla. App. LEXIS 9740, 1991 WL 193117

District Court of Appeal of Florida | Filed: Oct 1, 1991 | Docket: 64662137

Published

under a youthful offender program pursuant to section 958.04(l)(b), Florida Statutes (1989).1 The state

State v. Flemmings

579 So. 2d 780, 1991 Fla. App. LEXIS 4380, 1991 WL 72025

District Court of Appeal of Florida | Filed: May 7, 1991 | Docket: 64658791

Published

under the Youthful Offender Act. According to section 958.-04(l)(c), Florida Statutes (1989), that act specifically

Irizarry v. State

578 So. 2d 711, 1990 WL 58259

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 440528

Published

upon revocation of post-boot camp probation, see § 958.04(2)(e), Fla. Stat. (1987), and was simultaneously

Bivins v. Makemson

567 So. 2d 45, 1990 Fla. App. LEXIS 7294, 1990 WL 138400

District Court of Appeal of Florida | Filed: Sep 26, 1990 | Docket: 64653169

Published

sentence petitioner to probation pursuant to section 958.04(4)(e), Florida Statutes (1989), subject to

Arnette v. State

566 So. 2d 1369, 1990 Fla. App. LEXIS 7131, 1990 WL 134767

District Court of Appeal of Florida | Filed: Sep 20, 1990 | Docket: 64653137

Published

958.05(2) of the Youthful Offender Act (now section 958.04(2)) limited incarceration to a four year maximum

Kuey v. State

564 So. 2d 286, 1990 Fla. App. LEXIS 5383, 1990 WL 103148

District Court of Appeal of Florida | Filed: Jul 26, 1990 | Docket: 64651691

Published

disagree and reverse. The Youthful Offender Act, section 958.-04(2), Florida Statutes (1989), limits a youthful

State v. Kepner

560 So. 2d 251, 1990 Fla. App. LEXIS 1615, 1990 WL 26676

District Court of Appeal of Florida | Filed: Mar 13, 1990 | Docket: 64650115

Published

appeal by the defendant pursuant to s. 924.06. § 958.04(3), Fla.Stat. (1985). In Diers, the supreme court

State v. Kepner

560 So. 2d 251, 1990 Fla. App. LEXIS 1615, 1990 WL 26676

District Court of Appeal of Florida | Filed: Mar 13, 1990 | Docket: 64650115

Published

appeal by the defendant pursuant to s. 924.06. § 958.04(3), Fla.Stat. (1985). In Diers, the supreme court

Watts v. State

542 So. 2d 425, 14 Fla. L. Weekly 1014, 1989 Fla. App. LEXIS 2123, 1989 WL 37575

District Court of Appeal of Florida | Filed: Apr 21, 1989 | Docket: 64642126

Published

offender status at the initial sentencing. See, § 958.04, Fla.Stat. (1985) (“the court may sentence as

Duke v. State

529 So. 2d 341, 13 Fla. L. Weekly 1827, 1988 Fla. App. LEXIS 3516, 1988 WL 80104

District Court of Appeal of Florida | Filed: Aug 4, 1988 | Docket: 64636312

Published

felony may be classified as a youthful offender. § 958.04(1)(c), Fla. Stat. (1985). In Upshaw, the court

State v. McLeod

524 So. 2d 702, 13 Fla. L. Weekly 911, 1988 Fla. App. LEXIS 1385, 1988 WL 47683

District Court of Appeal of Florida | Filed: Apr 8, 1988 | Docket: 64634625

Published

1988, dismissing the appeal. The amendment to section 958.04(3), Florida Statutes, effective July 1,1987

Wiedeman v. State

506 So. 2d 1079, 12 Fla. L. Weekly 1058, 1987 Fla. App. LEXIS 7704

District Court of Appeal of Florida | Filed: Apr 16, 1987 | Docket: 64626986

Published

PER CURIAM. Appellant’s sentence under section 958.-04, Florida Statutes (1985), the Youthful Offender

Williams v. State

485 So. 2d 45, 11 Fla. L. Weekly 709, 1986 Fla. App. LEXIS 6982

District Court of Appeal of Florida | Filed: Mar 21, 1986 | Docket: 64618082

Published

appellant as a youthful offender pursuant to section 958.04, Florida Statutes (1983). Appellant was adjudicated

Merritt v. State

474 So. 2d 897, 10 Fla. L. Weekly 2032

District Court of Appeal of Florida | Filed: Aug 28, 1985 | Docket: 64613807

Published

sentence him as a youthful offender pursuant to Section 958.04(1) and (2), Florida Statutes (1979). However

State v. Upshaw

469 So. 2d 922, 10 Fla. L. Weekly 1321, 1985 Fla. App. LEXIS 14307

District Court of Appeal of Florida | Filed: May 28, 1985 | Docket: 64612260

Published

would put the section in direct conflict with section 958.04(l)(b)-(c). In addition, the state’s interpretation

Peterson v. State

453 So. 2d 512, 1984 Fla. App. LEXIS 14000

District Court of Appeal of Florida | Filed: Aug 1, 1984 | Docket: 64606131

Published

determination of youthful offender status pursuant to Section 958.04(2)(a)-(g), Florida Statutes (1983). Ultimately

Andrews v. State

448 So. 2d 551, 1984 Fla. App. LEXIS 12425

District Court of Appeal of Florida | Filed: Mar 28, 1984 | Docket: 64604202

Published

Florida Statutes (1979), after finding under Section 958.04(2), Florida Statutes (1979), that it was required

Hill v. State

438 So. 2d 513, 1983 Fla. App. LEXIS 24455

District Court of Appeal of Florida | Filed: Sep 29, 1983 | Docket: 64599841

Published

sentenced under the Youthful Offender Statute, Section 958.04, Florida Statutes (1979). The order does not

McNeil v. State

438 So. 2d 178, 1983 Fla. App. LEXIS 24323

District Court of Appeal of Florida | Filed: Sep 22, 1983 | Docket: 64599768

Published

The trial court denied the motion based on section 958.04(l)(c), Florida Statutes, which provides that

Daniels v. State

435 So. 2d 951, 1983 Fla. App. LEXIS 20179

District Court of Appeal of Florida | Filed: Aug 3, 1983 | Docket: 64598849

Published

to October 1, 1980. Therefore, pursuant to Section 958.-04, Florida Statutes (1981), the decision of whether

Daniels v. State

435 So. 2d 951, 1983 Fla. App. LEXIS 20180

District Court of Appeal of Florida | Filed: Aug 3, 1983 | Docket: 64598848

Published

mandatory. Compare Section 958.04(2), Florida Statutes (1979), and Section 958.04(2), Florida Statutes

Sanders v. State

432 So. 2d 752, 1983 Fla. App. LEXIS 19575

District Court of Appeal of Florida | Filed: Jun 8, 1983 | Docket: 64597453

Published

classified as a youthful offender pursuant to section 958.-04(2), Florida Statutes (1979). He asserts that

Evans v. State

427 So. 2d 308, 1983 Fla. App. LEXIS 28964

District Court of Appeal of Florida | Filed: Feb 22, 1983 | Docket: 64595275

Published

offender under the then applicable provision of Section 958.04(2), Florida Statutes (Supp.1978), see Stancil

Conner v. State

422 So. 2d 80, 1982 Fla. App. LEXIS 21628

District Court of Appeal of Florida | Filed: Nov 19, 1982 | Docket: 64593389

Published

be committed before his twenty-first birthday. § 958.04, Florida Statutes (1981). Thus, appellant below

Brown v. State

414 So. 2d 286, 1982 Fla. App. LEXIS 20180

District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 64590106

Published

court’s refusal to sentence him pursuant to section 958.04, Florida Statutes (1979), the Youthful Offender

Brown v. State

412 So. 2d 58, 1982 Fla. App. LEXIS 21061

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64589060

Published

and thus did not qualify as a youthful offender. § 958.04(l)(a), Fla. Stat. (1979). Since the time of the

Brown v. State

412 So. 2d 58, 1982 Fla. App. LEXIS 21061

District Court of Appeal of Florida | Filed: Apr 7, 1982 | Docket: 64589060

Published

and thus did not qualify as a youthful offender. § 958.04(l)(a), Fla. Stat. (1979). Since the time of the

Gillion v. State

411 So. 2d 341, 1982 Fla. App. LEXIS 19543

District Court of Appeal of Florida | Filed: Mar 24, 1982 | Docket: 64588661

Published

denying the motion the trial court construed Section 958.04(2), Florida Statutes as being directory rather

Miller v. State

411 So. 2d 290, 1982 Fla. App. LEXIS 19529

District Court of Appeal of Florida | Filed: Mar 22, 1982 | Docket: 64588630

Published

offender under the provisions of this act.” Section 958.04(l)(c) Fla.Stat. (1979). The question presented

Green v. State

409 So. 2d 1215, 1982 Fla. App. LEXIS 20399

District Court of Appeal of Florida | Filed: Feb 23, 1982 | Docket: 64588009

Published

not sentencing him under the provisions of Section 958.04, Florida Statutes (Supp.1978), the Florida

Durden v. State

407 So. 2d 1003, 1981 Fla. App. LEXIS 22041

District Court of Appeal of Florida | Filed: Dec 23, 1981 | Docket: 64587076

Published

be classified as a youthful offender under section 958.-04(2), Florida Statutes (1979).1 Appellant met

State v. Humphry

408 So. 2d 222, 1981 Fla. LEXIS 2921

Supreme Court of Florida | Filed: Dec 23, 1981 | Docket: 64587217

Published

to be sentenced as a youthful offender under section 958.04(2), Florida Statutes (Supp. 1978), for the

Abram v. State

408 So. 2d 215, 1981 Fla. LEXIS 2923

Supreme Court of Florida | Filed: Dec 23, 1981 | Docket: 64587214

Published

to be sentenced as a youthful offender under section 958.04, Florida Statutes (1979). The district court

Waites v. State

407 So. 2d 299, 1981 Fla. App. LEXIS 21930

District Court of Appeal of Florida | Filed: Dec 14, 1981 | Docket: 64586766

Published

403 So.2d 1337 (Fla.1981), concluded that Section 958.04(2) was discretionary and, therefore, declined

Mack v. State

407 So. 2d 268, 1981 Fla. App. LEXIS 21852

District Court of Appeal of Florida | Filed: Dec 8, 1981 | Docket: 64586749

Published

him from mandatory classification as such. See § 958.04(3), Fla.Stat. (Supp.1978).”

Barnhill v. State

406 So. 2d 1112, 1981 Fla. LEXIS 2898

Supreme Court of Florida | Filed: Nov 25, 1981 | Docket: 64586586

Published

excluded from mandatory classification under section 958.04(2)(a), Florida Statutes (Supp.1978), when prior

Flores v. State

406 So. 2d 58, 1981 Fla. App. LEXIS 21679

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 64586210

Published

sentence Flores as a youthful offender under Section 958.04(2), Florida Statutes (1979). Flores’ simultaneous

Conception v. State

405 So. 2d 308, 1981 Fla. App. LEXIS 21563

District Court of Appeal of Florida | Filed: Nov 4, 1981 | Docket: 64585806

Published

that application of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), was discretionary

Eberhardt v. State

405 So. 2d 286, 1981 Fla. App. LEXIS 21449

District Court of Appeal of Florida | Filed: Oct 30, 1981 | Docket: 64585801

Published

division of the circuit court for purposes of Section 958.04(1)(a). *287On remand, we also direct the trial

Ellerby v. State

404 So. 2d 1150, 1981 Fla. App. LEXIS 21438

District Court of Appeal of Florida | Filed: Oct 21, 1981 | Docket: 64585585

Published

criteria of a youthful offender as established in section 958.04, Florida Statutes (1979), the trial judge refused

Tittle v. State

405 So. 2d 1007, 1981 Fla. App. LEXIS 21295

District Court of Appeal of Florida | Filed: Oct 13, 1981 | Docket: 64586045

Published

to sentence him as a youthful offender under Section 958.04, Florida Statutes (1979). We affirm as to appellant

Holmes v. State

405 So. 2d 436, 1981 Fla. App. LEXIS 21257

District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 64585898

Published

was not afforded the statutory benefits under section 958.04, Florida Statutes (1979). He is entitled to

Garvin v. State

413 So. 2d 34, 1981 Fla. App. LEXIS 21193

District Court of Appeal of Florida | Filed: Oct 1, 1981 | Docket: 64589560

Published

have been sentenced as a youthful offender, Section 958.-04(2), Fla.Stat. (1979), Garvin challenges the

Reid v. State

404 So. 2d 178, 1981 Fla. App. LEXIS 21206

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 64585239

Published

offender under Section 958.04(2), Florida Statutes (1979), but was not so sentenced. Section 958.04(2), Florida

Pizarro v. State

403 So. 2d 1364, 1981 Fla. App. LEXIS 21159

District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 64585193

Published

mandatory since defendant met the criteria under Section 958.04(2), Florida Statutes (1979).1 The trial court

Blue v. State

402 So. 2d 1339, 1981 Fla. App. LEXIS 20966

District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 64584850

Published

mandatory when a juvenile meets the requirements of § 958.04(1) and (2).1 Goodson v. State, 392 So.2d 1335

Humphry v. State

402 So. 2d 1322, 1981 Fla. App. LEXIS 20859

District Court of Appeal of Florida | Filed: Aug 26, 1981 | Docket: 64584840

Published

requirements of the Youthful Offender Act, Section 958.04(2), Florida Statutes (1979). The record reveals

Fuller v. State

401 So. 2d 943, 1981 Fla. App. LEXIS 20813

District Court of Appeal of Florida | Filed: Aug 5, 1981 | Docket: 64584187

Published

to be sentenced as a youthful offender under section 958.04, Florida Statutes (1979). Abram v. State, No

Lee v. State

399 So. 2d 1027

District Court of Appeal of Florida | Filed: Jun 5, 1981 | Docket: 2586181

Published

[*] Additionally, the trial court relied upon § 958.04(1)(c), Fla. Stat., which provides in part that

Edwards v. State

399 So. 2d 124, 1981 Fla. App. LEXIS 20103

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64582958

Published

to sentence them as youthful offenders under Section 958.04, Florida Statutes (1979). We affirm. Smith

Stancil v. State

405 So. 2d 426, 1981 Fla. App. LEXIS 19929

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 64585892

Published

life imprisonment. The relevant portions of section 958.04, Florida Statutes (1979), state: (1) The court

Evans v. State

398 So. 2d 1018

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 2590453

Published

appellant meets all of the requirements of section 958.04, Florida Statutes (1979), and is thus entitled

Harmon v. State

397 So. 2d 1218, 1981 Fla. App. LEXIS 19718

District Court of Appeal of Florida | Filed: May 11, 1981 | Docket: 64582466

Published

the Youthful Offender Act, Florida Statutes, Section 958.04 et seq. (1979). Harmon was transferred for

Abram v. State

405 So. 2d 992, 1981 Fla. App. LEXIS 19270

District Court of Appeal of Florida | Filed: Apr 14, 1981 | Docket: 64586037

Published

previously classified as a youthful offender under Section 958.04, Florida Statutes (1979), nor had he been “adjudicated

Lenz v. State

395 So. 2d 1273, 1981 Fla. App. LEXIS 19080

District Court of Appeal of Florida | Filed: Apr 1, 1981 | Docket: 64581338

Published

excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp.1978) when prior

State v. Owens

395 So. 2d 1215, 1981 Fla. App. LEXIS 18934

District Court of Appeal of Florida | Filed: Mar 18, 1981 | Docket: 64581309

Published

though convicted in the criminal division) and Section 958.04, Florida Statutes (1979) (the Youthful Offender

Westmoreland v. State

403 So. 2d 990, 1981 Fla. App. LEXIS 21631

District Court of Appeal of Florida | Filed: Mar 13, 1981 | Docket: 64585097

Published

it read when the alleged crime took place. Section 958.04(1), Florida Statutes (1979) read as follows:

Rockwell v. State

394 So. 2d 205, 1981 Fla. App. LEXIS 19516

District Court of Appeal of Florida | Filed: Feb 23, 1981 | Docket: 64580474

Published

classify him as a youthful offender pursuant to Section 958.04(2), Florida Statutes (Supp.1978). Appellant

Sparks v. State

394 So. 2d 200, 1981 Fla. App. LEXIS 18775

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 64580469

Published

excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp.1978) when prior

Barnhill v. State

393 So. 2d 557

District Court of Appeal of Florida | Filed: Feb 18, 1981 | Docket: 1372179

Published

construction of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), which reads in part

Dixon v. State

403 So. 2d 428, 1981 Fla. App. LEXIS 22129

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 64584973

Published

at sentencing and now asserts on appeal that Section 958.04, Florida Statutes (Supp.1978), is mandatory

Murvin v. State

393 So. 2d 657, 1981 Fla. App. LEXIS 19455

District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 64580212

Published

classify her as a youthful offender as provided in Section 958.04(2), Florida Statutes (Supp.1978). The offense

Warren v. State

391 So. 2d 775, 1980 Fla. App. LEXIS 17945

District Court of Appeal of Florida | Filed: Dec 31, 1980 | Docket: 64579402

Published

youthful offender pursuant to the terms of Section 958.04(2), Florida Statutes (Supp. 1978). We find

Kniebes v. State

391 So. 2d 743, 1980 Fla. App. LEXIS 17913

District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 64579384

Published

mandatory ambit of the youthful offender statute, § 958.04(2)(a)(b), Florida Statutes (1979). See Barnhill

Hunter v. State

391 So. 2d 234

District Court of Appeal of Florida | Filed: Nov 25, 1980 | Docket: 64579222

Published

Session Law Serv. 1471 (West) (to be codified as § 958.04, Fla.Stat. [Supp.1980]).