Florida/Georgia Personal Injury & Workers Compensation

...nsferred properly *15 to the criminal division of the circuit court by the filing of the information. Cf. State v. Goodson, 403 So.2d 1337 (Fla. 1981) (the filing of an information acts as a transfer to the criminal division for purposes of invoking section 958.04(1)(a) of the Youthful Offender Act)....

...g 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. 958.04." Further, trial judges have discretion under section 985.565(4)(a)(2), Florida Statutes (2006), to sentence defendants who qualify as youthful offenders either as adults, as youthful offenders, or as juveniles: If a child who has been tran...

...te law or a lesser included offense for which he or she was charged as a part of the criminal episode, the court may sentence as follows: a. As an adult; b. [As a youthful offender u]nder chapter 958; or c. As a juvenile under this section. Further, section 958.04(2) states: 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 su...

...of three and one-half to four and one-half years incarceration. The district court held that the sentence in this case was a departure sentence, and that valid reasons for such departure must be set forth in writing under the Youthful Offender Act, section 958.04(3), Florida Statutes (1987)....

...On May 17, 1979, Tyrone Goodson, age seventeen, pleaded guilty to two counts of armed robbery charged by indictment and moved to be sentenced under the Florida Youthful Offender Act, chapter 958, Florida Statutes (Supp. 1978). In denying the motion, the trial judge construed section 958.04(2) [1] of the act as being directory rather *1338 than mandatory in the classification of a defendant as a youthful offender....

...He then sentenced Goodson as an adult to two fifteen-year concurrent terms. [2] On appeal, the district court affirmed the judgment of the trial court, but for a different reason. The district court disagreed with the trial court's reasoning and held that section 958.04(2) is mandatory if the statutory prerequisites are met....

...Specifically, the district court found that Goodson had previously been convicted of a felony under subsection (2)(a) by virtue of the contemporaneous convictions of two counts of armed robbery. The district court denied both parties' motions for rehearing, but certified to this Court three questions. 1. Does section 958.04(2), Florida Statutes (Supp....

...1978) provide for mandatory classification if certain statutory prerequisites are satisfied? 2. Is a child charged by indictment considered "transferred for prosecution to the criminal division of the circuit court pursuant to chapter 39" so as to qualify for youthful offender classification under section 958.04(1)(a), Florida Statutes (Supp. 1978)? 3. If question 1 is answered in the affirmative, is a person excluded from mandatory classification under section 958.04(2)(a), Florida Statutes (Supp....

...In deciding whether the word "shall" should be construed as being mandatory or directory, we should look to the context in which it is found and the intent of the legislature as expressed in the statute. S.R. v. State, 346 So.2d 1018 (Fla. 1977). Within section 958.04, there are two types of statutory prerequisites: the eligibility requirements in subsection (1) and the disqualification requirements in subsection (2)....

...State, 393 So.2d 557 (Fla. 4th DCA 1980); Killian v. State, 387 So.2d 385 (Fla. 2d DCA 1980). With respect to the second question, the state argues that Goodson could not have been "transferred" to the criminal division of the circuit court as required by section 958.04(1)(a), since he was brought before the criminal division pursuant to an indictment and was never subject to the circuit court's juvenile division....

...We do not believe the legislature intended such a result. We find the district court's decision on this point to be very persuasive and therefore adopt it as our own. The final question certified to this Court concerns the construction of that portion of section 958.04(2)(a) which states that a person shall be classified as a youthful offender if such person has not "previously been found guilty of a felony......

...State, 393 So.2d 557 (Fla. 4th DCA 1980). We also note that the existence of two or more contemporaneous felony convictions does not preclude a defendant from being classified as a youthful offender, it merely excludes him from mandatory classification as such. See § 958.04(3), Fla. Stat. (Supp. 1978). We answer the third question in the affirmative. In summary, we hold that the word "shall" as used in section 958.04(2) is mandatory rather than directory; that a minor initially proceeded against by indictment is to be considered "transferred for prosecution to the criminal division" for purposes of section 958.04(1)(a); and, that respondent's two simultaneous convictions for armed robbery excluded him from mandatory classification as a youthful offender by virtue of section 958.04(2)(a)....

...McDONALD, Justice: "I concur with the first two points but partially dissent on the last. Goodson committed two distinct crimes on different days. I would hold that the adult sentence is proper for the second offense but that he should have been sentenced as a juvenile for the first offense." NOTES [1] 958.04 Eligibility for youthful offender; classification....

...We hereby withdraw it and substitute the following in its stead. Clarence L. Clem On August 29, 1979, a jury found Clem guilty of robbery with a weapon. On December 28, 1979, the circuit court adjudicated him guilty and, without objection by the State, exercising its discretion under Section 958.04(1), Florida Statutes (1979), directed that Clem be sentenced as a youthful offender....

...We conclude that neither party's position is correct and reverse and remand for resentencing. Bloodworth was originally sentenced as a youthful offender to 6 years' incarceration, 2 years suspended, in lieu of which he was to serve 2 years' probation. His sentence was modified to 4 years' probation pursuant to section 958.045(5)(c), Florida Statutes (1997)....

...Bloodworth contends that the trial court was limited to sentencing him to 2 years upon revocation of his probation, and the State contends that the trial court could have sentenced him to the original 6 years. Our reading of the youthful offender statute leads us to conclude that neither of these contentions is correct. Section 958.045(5)(c) of the youthful offender statute specifically provides that "[i]f the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation." Section 958.04(2)(b) specifies that a court may impose as a condition of probation a period of incarceration not exceeding 364 days "in a county facility, a department probation and restitution center, or a community residential facility which is own...

...State, 678 So.2d 525 (Fla. 5th DCA 1996); Johnson v. State, 574 So.2d 222 (Fla. 5th DCA 1991). That version provided that "[i]f the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed." § 958.04(4)(e), Fla....

...nal prison terms with credit for time served. As can be seen, the 1991 version of the statute did not limit a trial court, as the 1997 version of the statute does, to "any sentence that it might have originally imposed as a condition of probation. " § 958.045(5)(c), Fla. Stat. (1997) (emphasis supplied). [1] The reason for this change in section 958.045(5)(c) is unknown to us, and our review of the legislative history of the statute provided no insight....

...o no more than 364 days in a specified facility with credit for time served. Reversed and remanded. SALCINES, J., and DANAHY, PAUL W. (SENIOR) JUDGE, Concur. NOTES [1] The 1999 version of the statute is identical to the 1997 version in this respect. § 958.045(5)(c), Fla....

...[5] Since we find that Postell was not eligible to be classified as a youthful offender, we leave for another day the decision whether the sentencing benefits of the Youthful Offender Act must be accorded to one who meets the eligibility requirements of Section 958.04(1), Florida Statutes (Supplement 1978), and is not disqualified under Section 958.04(2), Florida Statutes (Supplement 1978). [6] The pertinent provisions of the act are: "958.04 Eligibility for youthful offender; classification....

...as been withheld; or "(b) Has not been adjudicated delinquent for an act which would be a capital, life, or first degree felony if committed by an adult." (emphasis supplied). The trial court found that Postell was ineligible under subsection (c) of Section 958.04(1), supra, to be classified as a youthful offender for the reason that a weapon *1162 was obtained in the house of the victim during the commission of the burglary, elevating that offense from a first-degree felony to a life felony under Section 775.087(1)(a), Florida Statutes (1977)....

...City of St. Petersburg, 281 So.2d 549 (Fla. 2d DCA 1973); Leavstrom v. Muston, 119 So.2d 315 (Fla. 3d DCA 1960). Postell was, in fact, ineligible for classification as a youthful offender because she did not meet the separate requirement of subsection (a) of Section 958.04(1), that is, she was not a person "......

...Thomas challenges the trial court's summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant asserts that his sentence of a ten year period of incarceration was illegal because, under section 958.04(2)(b), Florida Statutes (1995), the trial court could impose a maximum period of incarceration of no greater than 364 days upon his violation of probation that followed successful completion of the basic training program of the Department of Corrections. We agree and reverse. The Department's basic training program, or so-called "boot camp," is a program for youthful offenders that is modeled after the military's basic training regimen. See § 958.045, Fla....

..., 19 J. Juv. Law 318, 322 (1998). When a defendant who has been sentenced as a youthful offender successfully completes boot camp, the trial court is constrained to reduce the defendant's remaining term of incarceration to a period of probation. See § 958.045(5)(c), Fla....

...If a youthful offender who has successfully completed boot camp subsequently violates the probation that follows, the trial court may impose a period of incarceration not to exceed 364 days. See Bloodworth v. State, 769 So.2d 1117 (Fla. 2d DCA 2000); see also § 958.04(2)(b), Fla....

...3d DCA 2002), persuasive. As the appellant, Sada was not initially sentenced under the youthful offender statute. However, he was classified as a youthful offender by the Department of Corrections, received trial court approval to attend boot camp as required by section 958.045(2), Florida Statutes (1997), and subsequently attended boot camp. Thereafter, upon successful completion of boot camp, the trial court refused to reduce his sentence to probation in accordance with section 958.045(5)(c)....

...Despite the original adult sanction, the appellant has been designated a youthful offender for purposes of sentencing, has received court approval to attend boot camp, has successfully completed boot camp, and has been resentenced to probation pursuant to section 958.045(5)(c). Thus, upon violation of probation, the appellant could have been sentenced to no more than 364 days in jail under section 958.04(2)(b) and Bloodworth....

...Don't make me. Preston's argument on appeal is essentially that because he met the requirements entitling him to be designated as a youthful offender and because sentencing under the Youthful Offender Act is mandatory if a defendant meets the requirements of Section 958.04(1), Florida Statutes (1979), State v....

...McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur. NOTES [*] Section 958.05, in effect at the time of petitioner's sentencing, was repealed by Laws of Florida (1985), c. 85-288, § 27 (effective July 1, 1985), and replaced by section 958.04. Although we decide the issue presented based solely upon our construction of section 958.05, we note that the current provision, section 958.04(2)(d), expressly provides that which we today find implied in its predecessor: (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: ......

...Goodson moved to correct an illegal sentence after he was sentenced to two fifteen-year *1336 consecutive sentences for two counts of armed robbery. Fla.R.Crim.P. 3.800(a). He alleged that the trial court erred in failing to classify him as a youthful offender under the guidelines of section 958.04(2), Florida Statutes (Supp....

...cases where a child prosecuted as an adult needs a more restrictive environment than that available under chapter 39. See §§ 39.111(1), (5)(b), and (6). However, in the context of providing a sentencing alternative to traditional adult sanctions, section 958.04(2) mandates youthful offender classification if the criteria are met....

...of the circuit court pursuant to chapter 39. [Emphasis supplied.] An examination of chapter 958 in its entirety shows that eligibility is extended not only to transferred children, but to young adults committing crimes between the ages of 18 and 21. § 958.04(1)(b). Chapter 958 makes no distinctions between treatment *1337 accorded indicted persons and other persons. Thus, it appears if we were to accept the Postell rationale, under the disjunctive language in section 958.04(1)(a) above, a 13-year-old indicted child would be ineligible for youthful offender treatment, ( Postell, supra) whereas a 19-year-old indicted person, never within the scope of chapter 39, would be eligible....

...dults. Although we have rejected the foregoing points raised to sustain the order, we find merit to the proposition that appellant does not qualify for treatment under the mandatory provisions because he has previously been found guilty of a felony. § 958.04(2)(a)....

...Otherwise, the legislature has wisely provided for discretionary sentencing, with the court considering, among other things, the likelihood of reasonable rehabilitation and whether classification would reflect the seriousness of the offense, promote respect for law, and provide just punishment. § 958.04(3)(f), (g)....

...ON MOTIONS FOR REHEARING AND REQUEST FOR CERTIFICATION McCORD, Judge. We adhere to our original opinion, rejecting the state's argument that chapter 80-321, Laws of Florida, deleting mandatory classification, in any way indicates the legislature intended section 958.04(2), Florida Statutes (Supp....

...1978) to be discretionary when initially enacted. However, we agree that our opinion passes upon several questions of great public importance and we hereby certify those questions so that the Supreme Court may have an opportunity to review them. Fla. R.App.P. 9.030(a)(2)(A)(v). 1. Does section 958.04(2), Florida Statutes (Supp....

...1978) provide for mandatory classification if certain statutory prerequisites are satisfied? 2. Is a child charged by indictment considered "transferred for prosecution to the criminal division of the circuit court pursuant to chapter 39" so as to qualify for youthful offender classification under section 958.04(1)(a), Florida Statutes (Supp. 1978)? 3. If question 1 is answered in the affirmative, is a person excluded from mandatory classification under section 958.04(2)(a), Florida Statutes (Supp....

...[3] Notably, chapter 78-414, amending the waiver provisions of § 39.02(5)(a) to refer to § 39.111(6), simultaneously added subsections (5)(d) and (6). [4] Of course, youthful offender treatment would be denied any child, indicted or not, if convicted of a capital or life felony. § 958.04(1)(c)....

...MINIMUM MANDATORY TERM Kelly's first argument is that a minimum mandatory term cannot be imposed in sentencing a youthful offender. In Porter v. State, 702 So.2d 257 (Fla. 4th DCA 1997), the court held that because a sentence imposed under the Youthful Offender Act, section 958.04, Florida Statutes (1997), is "in lieu of other criminal penalties authorized by law," a defendant sentenced under that act may not also be subjected to a minimum mandatory sentence for use of a firearm....

...elow. In 1979 Arnette, then fifteen years old, pled guilty to armed burglary and false imprisonment. He originally received a sentence of fifteen years for the burglary and five years for the false imprisonment. Because he met the requirements of subsection 958.04(2), Florida Statutes (1979), for sentencing as a youthful offender, the court changed his sentence to four years' imprisonment to be followed by two years' community control, the maximum allowed under subsection 958.05(3)....

...d as such to a probationary split sentence and thereafter violated probation he may be "resentenced" to confinement for the maximum statutory period for the offense involved without limitation to the four year provision of the Youthful Offender Act (section 958.04(2)(c) and (d), Florida Statutes), contrary to the holdings in Brown v....

...[3] Provided the crime is of the second degree or higher. [4] In State v. Watts, 558 So.2d 994 (Fla. 1990), this Court interpreted the post-amendment version of the Youthful Offender Act, which limited incarceration to "a period of not more than 6 years." § 958.04(2)(d), Fla....

...On August 3, 1981, Lee pleaded guilty to second-degree murder and was sentenced to 120 years in prison. Because the offense occurred on November 18, 1980, when he was seventeen years old, Lee argued that he should have been classified as a youthful offender under section 958.04(2), Florida Statutes (1979). [2] After the circuit court denied his motion to correct an illegal sentence, he appealed to the First District Court of Appeal. The district court found that the 1980 version of section 958.04(2) applied in Lee's case, which only mandated consideration of the criteria contained in the statute....

...offender treatment based on the erroneous conclusion that he was ineligible for such classification. Consequently, the *1160 district court certified the question at issue to this Court. The district court correctly recognized that Lee's reliance on section 958.04(2), Florida Statutes (1979), is misplaced. Lee's crime was committed on November 18, 1980; the effective date of section 958.04, Florida Statutes (Supp.1980), was October 1, 1980....

...Ch. 80-321, § 1, at 1388, Laws of Fla. It is clear that under the 1980 version, the judge was only required to consider whether or not to sentence a defendant meeting the statutory requirements as a youthful offender, using the enumerated factors. § 958.04, Fla.Stat....

...Id.; see also State v. Callaway, 658 So.2d 983 (Fla.1995). Although Lee's sentence exceeds the maximum prescribed for youthful offenders, it does not exceed the maximum prescribed for second-degree murder. While the trial judge's failure to consider section 958.04 in sentencing Lee may have been error, it would have been error which was cognizable on direct appeal....

...It is, by its plain language, a vehicle for correcting an illegal sentence. Because the error was cognizable on direct appeal, and because the judge possessed the discretion to refuse to classify Lee as a youthful offender even if he had considered section 958.04, his failure to consider the statute does not make the sentence "illegal" under our interpretation of that term in Davis....

...KOGAN, C.J., and OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur. NOTES [1] Florida Rule of Criminal Procedure 3.800(a) provides that "A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guideline scoresheet." Fla.R.Crim.P. 3.800(a). [2] Section 958.04, Florida Statutes (1979), provides: Eligibility for youthful offender; classification.— (1) The court may classify as a youthful offender any person: (a) Who is at least 18 years of age or who has been transferred for prosecution to t...

...(a) Has not previously been found guilty of a felony, whether or not the adjudication of guilt has been withheld; or (b) Has not been adjudicated delinquent for an act which would be a capital, life, or first degree felony if committed by an adult. § 958.04, Fla.Stat. (1979). [3] The 1980 version of section 958.04(2) contains discretionary language: "The following criteria shall be considered in determining whether to classify as a youthful offender a person who meets the requirements of subsection (1)...." § 958.04(2), Fla.Stat....

...l court sentenced the appellant to three years incarceration, pursuant to the Youthful Offender Act, chapter 958, Florida Statutes (1995), with three years probation to follow, along with a three-year minimum mandatory sentence for use of a firearm. Section 958.04(2), Florida Statutes (1995), provides that a sentence imposed thereunder is "[i]n lieu of other criminal penalties authorized by law." Defendants sentenced under the Youthful Offender Act may not also be subjected to a minimum mandatory sentence....

...____ The defendant is hereby committed to the custody of the Department of Corrections. ____ The defendant is hereby committed to the custody of the Sheriff of _______ County, Florida. ____ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes....

...Offender law under which Therrien appears to have been sentenced provides that "[i]n lieu of other criminal penalties authorized by law ... [t]he court may place a youthful offender under supervision on probation or in a community control program." § 958.04(2)(a), Fla....

...Kepner's recommended guidelines sentence called for twelve to seventeen years of incarceration. The trial judge, however, sentenced Kepner as a youthful offender to four years of incarceration to be followed by two years of community control. This six years of sanctions is the maximum youthful offender sentence. § 958.04(2)(a), Fla....

...n reasons for the less severe sentence. Originally, the sentencing guidelines did not apply to any alternative sentencing schemes, including youthful offender sentencing. In 1985, however, the legislature amended chapter 958 extensively and added subsection 958.04(3), to read as follows: (3) The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...Diers, 532 So.2d 1271 (Fla. 1988), we considered the second sentence of paragraph (3) and held that it did not give the state the right to appeal a youthful offender sentence of less than the recommended guidelines sentence. Two years after enacting subsection 958.04(3) the legislature amended the second sentence of that paragraph to read: "A sentence imposed outside of such guidelines shall be subject to appeal pursuant to s....

...liberty to ensure the protection of society. Id. To this end, courts may place youthful offenders on probation or community control, with a period of incarceration as a condition of either, but the total period of sanctions cannot exceed six years. § 958.04(2). Both sides, Kepner on one and Green and Nealy on the other, have reached logical conclusions on this issue, based on which sentence of subsection 958.04(3) they considered....

...uthful offender sentence is greater than that recommended by the guidelines. This conclusion, however, does not end our inquiry. In construing statutes, we must, to the extent possible, give effect to all parts of a statute. The first sentence of subsection 958.04(3) requires written reasons only for an upward departure from the recommended sentence....

...Third, if the recommended guidelines sentence is six years or greater and the court imposes a less-than-maximum youthful offender sentence, i.e., less than six years, the court must provide written reasons for departure. We believe this conclusion strikes the best balance between the wording of subsection 958.04(3) and the purpose and intent of the sentencing guidelines and the youthful offender statute....

...s not conflict with the instant opinion. It is so ordered. OVERTON, McDONALD, BARKETT and KOGAN, JJ., concur. SHAW, C.J., dissents with an opinion. GRIMES, J., dissents with an opinion, in which HARDING, J., concurs. SHAW, Chief Justice, dissenting. Section 958.04(3), Florida Statutes (1989), provides: (3) The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...matter for the legislature to address, not this Court. The majority's holding, in my opinion, is tortuous and will spawn error. GRIMES, Justice, dissenting. Among the 1985 amendments to the Florida Youthful Offender Act, subsection (3) was added to section 958.04 to read as follows: (3) The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...e guidelines. I respectfully dissent. HARDING, J., concurs. NOTES [1] Ch. 958, Fla. Stat. (1989). [2] § 921.001, Fla. Stat. (1989); Fla.R.Crim.P. 3.701. [3] The 1987 amendment also deleted the words "clear and convincing" from the first sentence of § 958.04(3), but that wording change is not pertinent to this case....

...s' probation. When Mr. Blaxton violated his probation, the circuit court sentenced him to 44 months of continued probation, with a special condition that Mr. Blaxton serve 364 days' imprisonment. Because this sentence is not permitted under sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes (1997), we reverse. Section 958.045 outlines the parameters for the youthful offender boot camp program....

...The term of probation may include placement in a community residential program. If the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation. Section 958.04(2)(b), Florida Statutes (1997), provides: *621 The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in either a county facility, a department pro...

...1st DCA 2002). Similarly in this case, when resentencing Mr. Blaxton upon the violation of his probation, the circuit court could not reimpose probationary terms beyond the 364-day period of incarceration. As interpreted in Bloodworth, pursuant to section 958.045(5)(c), the court may "impose any sentence that it might have originally imposed as a condition of probation." 769 So.2d at 1118. A court cannot impose probation as a condition of probation. Therefore the extended period of probation in Mr. Blaxton's sentences must be stricken. The language of section 958.045(5)(c) may warrant further review by the legislature....

...Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. The defendant was originally classified as a youthful offender under section 958.04, Florida Statutes (1981), and sentenced on September 9, 1982, to confinement for a period (term) of four and one-half years less credit for 123 days of jail time....

...ence imposed upon the defendant, and direct that the defendant be placed upon probation after serving such period as may be imposed by the court. (emphasis supplied) Since the imposition of the original sentence in this case, both section 948.01 and section 958.04 have been amended and sentencing guidelines have been adopted, but such amendments and changes, are not, of course, relevant to a proper determination of the nature of the original sentence imposed in this case....

...n 948.01(8), Florida Statutes (1985). It now includes provision for community control in lieu of probation. Since 1983, section 921.187(1)(g), Florida Statutes, also authorizes split sentences (see Brown v. State, 460 So.2d 427 (Fla. 5th DCA 1984)). Section 958.04, Florida Statutes, relating to youthful offenders, was amended by chapter 85-288, section 20, Laws of Florida, effective July 1, 1985, to expressly provide in section 958.04(2)(c), Florida Statutes (1985), that sentences of youthful offenders can, with certain limitations, be split between periods of confinement and periods of probation or community control. [7] The 1985 amendment to section 958.04, Florida Statutes should eliminate the problems that concerned the courts in the cases last cited above....

...Appellant submits that his status as a youthful offender under Chapter 958 precluded the minimum three year sentences imposed under section 775.087. The state, in turn, argues that appellant should not have been classified as a youthful offender *796 because section 958.04(1)(c) [1] excludes persons found guilty of a capital or life felony from the sentencing provisions of the Act....

...The fallacy in this argument is that armed robbery, although a felony of the first degree, is not a capital or life felony. See sections 812.13(2)(a); and 775.081. Thus, while appellant's first degree felony plea precluded mandatory classification as a youthful offender pursuant to section 958.04(2)(b), the trial judge still had the discretion to classify the appellant as a youthful offender under subsection (1), which he so exercised....

...l reason that this crime is not one of the enumerated crimes in section 775.087(2). The sentences are reversed and this cause remanded to the trial court for resentencing under Chapter 958. Reversed and remanded. NOTES [1] Subsections (1) and (2) of section 958.04 read as follows: 958.04 Eligibility for youthful offender; classification....

...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). A sentence imposed under the Florida Youthful Offender Act §§ 958.011-.15, Fla. Stat. (1997), is “[i]n lieu of other criminal penalties authorized by law ...” § 958.04(2), Fla....

...State, 972 So.2d 1017, 1019 (Fla. 4th DCA), rev. denied, 988 So.2d 622 (Fla.2008); Hudson v. State, 989 So.2d 725, 726 (Fla. 1st DCA 2008); Gardner v. State, 656 So.2d 933, 937 (Fla. 1st DCA 1995) (“once a defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04”)....

...rt or classified as such by the department ...”). Also, the Department of Corrections is authorized to recommend a modification of sentence and early termination for youthful offenders who successfully participate in the youthful offender program. § 958.04(2)(d), Fla....

...ituated defendants; and 3) the court erred in denying his 3.800(b)(2) motion to correct certain costs imposed against him. Appellant also raises a facial challenge to the constitutionality of Florida’s Youthful Offender Act as amended in 2008. See § 958.04(l)(b), Fla....

...otion based on his allegedly disparate sentence without an evidentiary hearing. Accordingly, we affirm on these grounds without further discussion. However, we write to reverse the costs imposed against Appellant and address the constitutionality of section 958.04(l)(b), Florida Statutes....

...s amended in 2008. By way of background, in 1978, the legislature passed the Youthful Offender Act, thus creating an alternative sentencing scheme available to judges when sentencing certain youthful criminal defendants. See Ch. 78-84, Laws of Fla.; § 958.04(1), Fla....

...erms of their confinement.” § 958.021, Fla. Stat. Youthful offender sentencing is not available for defendants guilty of a capital or life felony or for defendants who have been sentenced pursuant to the Youthful Offender Act for a prior offense. § 958.04(l)(c), Fla. Stat. Youthful offender sentencing is discretionary and features a six-year sentencing limit applicable to the original sentence and to any sentence imposed following a technical or non-substantive violation of probation. § 958.04(2)(a), Fla....

...This six-year cap applies even to crimes with higher minimum mandatories. See Mendez v. State, 835 So.2d 348, 349 (Fla. 4th DCA 2003). Prior to 2008, youthful offender sentencing was available to a defendant who “committed [an eligible crime] before the defendant’s 21st birthday.” § 958.04(1)(b), Fla....

...However, in 2008, the legislature amended the youthful offender statute so that a court can only impose a youthful offender sentence if the “offender is younger than 21 years of age at the time sentence is imposed.” Ch. 2008-250, § 7, Laws of Fla.; § 958.04(1)(b), Fla....

...etely discretionary). Accordingly, as no fundamental right is implicated, Appellant’s equal protection argument is subject to a rational basis analysis. Appellant correctly points out that the “at the age of sentencing” limitation contained in section 958.04(l)(b) has the effect of classifying and treating defendants who commit crimes between the ages of eighteen and twenty-one and are sentenced before they turn twenty-one different from defendants who commit crimes between the ages of eighteen and twenty-one but are sentenced after their twenty-first birthday....

...Because there is no fundamental right to a youthful offender sentence, the statute is not subject to strict scrutiny and must only pass the rational basis test. As discussed above, it does. Thus we also reject Appellant’s substantive due process challenge to section 958.04(l)(b)....

...Stat. (1979). As a result, pursuant to section 775.087(1), Florida Statutes (1979), the offense was enhanced from that of a first degree felony to that of a life felony and thus Trenary did not qualify for sentencing under the Youthful Offender Act as section 958.04(1)(b), Florida Statutes (1979), requires, among other things, that the offense not exceed a first degree felony....

...orida Statutes, by sentencing appellant as a youthful offender. The youthful offender sentencing statute itself expressly provides that the sentencing alternatives prescribed therein are "[i]n lieu of other criminal penalties authorized by law... ." Section 958.04(2), Florida Statutes (1993)....

...sentence. After careful consideration of his impassioned argument and despite error in the sentencing process, we affirm both cases. Following his plea to the crime of DUI manslaughter, Mr. Nolte sought a sentence as a youthful offender pursuant to section 958.04, Florida Statutes (1995)....

...If reasonable men could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion." Canakaris v. Canakaris, 382 So.2d 1197, 1204 (Fla. 1980). Although Mr. Nolte meets the statutory criteria for youthful offender sentencing, section 958.04 provides that the court "may sentence" a person who meets the criteria as a youthful offender....

...e of Criminal Procedure 3.800(c), moved to mitigate his sentence, offering to waive all time served in exchange for a youthful offender sentence. The court granted Richardson's motion and imposed a six-year mitigated sentence as a youthful offender, § 958.04, Fla....

...the nature of their crimes.... [W]e do not believe that the legislature intended for a young first-time offender who meets the requirements of chapter 958 to automatically receive a [minimum] mandatory sentence, as defendant would in this case. See § 958.04(2), Fla....

...The bone of contention is whether, as the state argues, a bump-up is permissible for each of defendant's six violations, which would put him in the seven to nine years range, or whether, as defendant argues, the general six-year cap on youthful offender sentences applies under section 958.04(2)(a), Florida Statutes (1987)....

...State, 356 So.2d 846 (Fla. 4th DCA), cert. denied, 361 So.2d 835 (Fla. 1978); Fla.R.Crim.P. 3.670. However, adjudication can be withheld under the Youthful Offender Act if the incarceration is a condition of probation and the term of incarceration does not exceed 364 days. § 958.04(2)(a) and (b), Fla....

...____ The defendant is hereby committed to the custody of the Department of Corrections. ____ The defendant is hereby committed to the custody of the Sheriff of ____ County, Florida. ____ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes....

...ently complied with that agreement, as evidenced by comments that the total period of supervision was six years (2 1/2 of prison followed by 3 1/2 of probation). Thus, it appears that appellant was sentenced as a youthful offender in all four cases. Section 958.04, Florida Statutes (1987), authorizes a trial court to sentence a defendant who is between the ages of 18 and 21 as a youthful offender. The court may place a youthful offender on probation or in a community control program, impose a split sentence of probation or community control after completion of a specified period of incarceration, or impose a period of incarceration. § 958.04(2)(a)-(d), Fla....

...a period not exceeding the statutory maximum for the offense, whichever is less, with credit for time served while incarcerated. Watson v. State, 528 So.2d 101, 103 (Fla. 1st DCA 1988). Moreover, once a defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04....

...ntences of not more than six years, with credit for time served. *938 Applying the above law to the instant case shows that the sentence imposed on May 22, 1992, in Case No. 88-2874, must be reversed, because it exceeds the six-year limit set out in section 958.04. It was not until this final revocation that appellant was actually sentenced to prison, and at that time he was sentenced to five years of incarceration, with credit for 571 days time served, followed by five years of probation. Section 958.04(2)(c) provides, however, that "[t]he period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed 6 years." Since the total sentence here is ten years, the statute has been violated and appellant's sentence for Case No....

...Public Defender, West Palm Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and James P. McLane, Asst. Atty. Gen., West Palm Beach, for appellee. ON REHEARING HERSEY, Judge. Shaun Cooper appeals his sentence which classified and punished him as a youthful offender pursuant to section 958.04, Florida Statutes (1983), following a plea of guilty to one count of armed burglary and two counts of grand theft....

...to community control for two years, followed by four years of probation on each count to run concurrently. The State of Florida appeals the sentence imposed contending that the trial court erred by entering a youthful offender sentence, pursuant to section 958.04, Florida Statutes (1999), and not applying the minimum mandatory of the new 10/20/ Life statute....

...2d DCA 1989), this court held that the three-year minimum mandatory for use of a firearm provided by section 775.087(2) did not apply to a youthful offender. In Porter v. State, 702 So.2d 257 (Fla. 4th DCA 1997), the Fourth District held that because a sentence imposed under the Youthful Offender Act, section 958.04, Florida Statutes (1997), was in lieu of other criminal penalties authorized by law, a *410 defendant sentenced under that act could not also be subjected to a minimum mandatory sentence for use of a firearm....

...Gen., Daytona Beach, for appellee. PER CURIAM. The defendant, a youthful offender, was convicted of two offenses and sentenced to 30 months incarceration as to each offense. The defendant was screened and placed in the basic training program provided for in section 958.04(4), Florida Statutes. Upon the satisfactory completion of that program the trial court issued an order modifying the sentence imposed and placing the defendant on probation as provided for in section 958.04(4)(e)....

...tence. State v. Green, 547 So.2d 925 (Fla. 1989). However, there is another, more fundamental, legal infirmity with the two second sentences. [1] As to the two offenses involved, the defendant was not originally given split sentences as permitted by section 958.04(2)(c), Florida Statutes....

...it a "probationary split-sentence" as distinguished from a true split sentence, and held that a second sentence could constitutionally be imposed on a defendant after he violated the probationary portion of such a "probationary split sentence". [2] Section 958.04(4)(e), Florida Statutes, provides that when a youthful offender has successfully completed a basic training program, the trial court is required to "modify" the sentence and place the offender on probation and that if the offender viol...

...the service of a valid sentence the court cannot, constitutionally, again sentence him for "the same offense", or make the original sentence more onerous. [4] The legislature cannot authorize a violation of this fundamental constitutional right and section 958.04(4)(e) cannot constitutionally authorize, even after violation of probation, a second sentence imposing punishment *225 more onerous or severe than that which has been imposed by a prior valid sentence on the same conviction of what is...

...nstitutionally "the same offense." The imposition of a second sentence of 42 months for the same offense for which the defendant was originally sentenced to 30 months in this case violates the defendant's constitutional double jeopardy rights. Under section 958.04(4)(e), Florida Statutes, the imposition of a true split sentence would avoid any double jeopardy problem because only one sentence is imposed although a portion of that sentence may be temporarily suspended during a probationary period...

...rely recommitted to continue to serve the remainder, if any, of the original sentence. The circumstances of this case should not be confused with those involved in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), because section 958.04(4)(e) purports to authorize, indeed, to mandate, the trial court to "modify" a valid sentence, and there is no "resentencing" resulting from a defendant's appeal seeking reversal of a prior conviction or sentence as in North Carolina v....

...We reverse the sentence entered below for the following reasons. (1) Appellant's aggregate 54 month youthful offender sentence exceeded the maximum recommended range established by the statewide sentencing guidelines. The trial court gave no written reasons to justify a departure. § 958.04(3), Fla....

...State, 385 So.2d 721 (Fla.3d DCA 1980); Russell v. State, 386 So.2d 285 (Fla. 4th DCA 1980); and Olcott v. State, 378 So.2d 303 (Fla.2d DCA 1979). With respect to appellant's status as a youthful offender, there is no dispute that he was under 21 years of age and met the criteria of § 958.04(2), Florida Statutes, as to absence of specified previous convictions....

...But the state contends that the offense of second degree murder under § 782.04(2), Florida Statutes, to which appellant pled nolo contendere, is not "a crime which is, under the laws of this state, a felony of the first ... degree " [emphasis supplied] within the terms of § 958.04(1)(b)....

...That offense is accordingly not excluded by the clear language of the youthful offender law but instead is within its explicit terms requiring such classification for one otherwise qualified whose offense "is, under the laws of this state, a felony of the first ... degree... ." § 958.04(1)(b) and (2)....

...On appeal, he argues that the trial court erred in sentencing him to more than 364 days in prison because Florida's youthful offender statute limits incarceration for youthful offenders to 364 days upon successful completion of boot camp. For support, he cites to sections 958.04 and 958.045, Florida Statutes (2002), and cases construing those statutory provisions. The state responds that these provisions do not apply to the defendant because he was not committed to the boot camp program operated by the Department of Corrections pursuant to section 958.045. Section 958.045 governs the department's youthful offender basic training program, commonly referred to as "boot camp." Subsection (5)(c) provides in part: Upon the offender's completion of the basic training program, the department shall submit a report to the court that describes the offender's performance....

...tence imposed and placing the offender on probation.... If the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation. (Emphasis added). Section 958.04(2)(b), which governs the disposition of youthful offenders generally, states: The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in either a co...

...rograms operated by the Department of Corrections. Here, the defendant was not placed in the department's boot camp program, but was committed to the county's boot camp facility. Consequently, the trial court's sentencing authority is not limited by section 958.045(5)(c)....

...[1] Unlike the detailed provisions of the statute pertaining to the department's boot camp programs, the statute concerning county-run programs merely states: In counties where there are county-operated youthful offender boot camp programs, other than boot camps described in s. 958.04 or s. 985.309, the court may sentence a youthful offender to such a boot camp. In county-operated youthful offender boot camp programs, juvenile offenders shall not be commingled with youthful offenders. § 958.046, Fla. Stat. (2003). There are no provisions in the Youthful Offender Act requiring application of rules governing department boot camp facilities to the county-run programs. Moreover, the statute contains no specific provision comparable to section 958.045(5)(c) limiting sentences for youthful offenders who complete a county boot camp....

...Hernandez's use of the term suggested drugs were involved in the crime. . Although petitioner faced a mandatory minimum of twenty years under the 10-20-Life statute, he was subject to a maximum sentence of only six years if sentenced as a youthful offender. See § 958.04(2), Fla....

...The appellant was convicted of selling cocaine within 1,000 feet of a school. Conviction for that crime requires the imposition of a three-year mandatory minimum sentence. § 893.13(1)(e), Fla. Stat. (1989). Appellant was sentenced as a youthful offender pursuant to section 958.04, Florida Statutes....

...State, 476 So.2d 318 (Fla. 2d DCA 1985); Ellis v. State, 475 So.2d 1021 (Fla. 2d DCA 1985); Patterson v. State, 408 So.2d 785 (Fla. 2d DCA 1982); Whitlock v. State, 404 So.2d 795 (Fla. 3d DCA 1981). See also State v. Diers, 532 So.2d 1271 (Fla. 1988). The 1987 amendment to section 958.04(3) has recently been construed to permit the state to appeal youthful offender sentence terms below the sentencing guidelines....

...uidelines under certain circumstances. We can discern, however, no reason to apply the Kepner reasoning to sentencing provisions of general law, other than guideline departures, that may be inconsistent with the purpose of the Youthful Offender Act. Section 958.04(3), Florida Statutes, refers exclusively to appeals of sentencing guideline issues....

...The charges were consolidated for trial, and he pled guilty to all of them. The court adjudicated him guilty and ordered a pre-sentence investigation. Because he was between eighteen and twenty-one years old and had no prior record, appellant moved to be sentenced in accordance with the Youthful Offender Act, Section 958.04, Florida Statutes (Supp....

...society. The act is a sentencing tool which enables the court to give the most appropriate sentence to each particular person in each particular case. Accordingly, we hold that appellant had "previously been found guilty of a felony" as specified in Section 958.04(2)(a), Florida Statutes (Supp....

...a written finding, pursuant to section 39.111(7)(c), Florida Statutes, as to Lester's suitability for adult sanctions. The oral sentence also placed Lester under the supervision of H.R.S. rather than the Department of Corrections in contravention of section 958.04, Florida Statutes....

...1984); see Whitehead v. State, 498 So.2d 863 (Fla. 1986) (habitual offender act). In 1985, in the action we deemed decisive in this case, the legislature directly addressed the present guidelines Youthful Offender issue by adopting an amendment to the Y.O.A., section 958.04(3), which provides: The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to § 921.001 unless clear and convincing reasons are explained in writing by the trial court judge....

...y the prosecution to which it did not refer. Similarly, the notions that the specific controls the general, 49 Fla. Jur.2d Statutes § 182, and that later enactments control earlier ones, 49 Fla.Jur.2d Statutes § 181, lead to the determination that section 958.04(3) takes precedence both over the 1984 general amendment to the guidelines, see The Florida Bar, 451 So.2d at 824, and over section 924.07(5) under which the state has the broad and general right to appeal from downward departures. Finally, since section 924.06(1)(c) gives the defendant the right to appeal from any upward departure, there would be no purpose to granting that right in section 958.04(3), see 49 Fla.Jur.2d Statutes § 179; Alexander v. Booth, 56 So.2d 716 (Fla. 1952) (every statute deemed to serve useful purpose), unless the legislature meant section 958.04(3) to occupy the field of the reviewability of sentences imposed under the Y.O.A. See State v. C.C., 476 So.2d 144 (Fla. 1985). We believe, in sum, that section 958.04(3) represents a conscious decision by the legislature that an appropriate employment ofthe Y.O.A....

...Dyer appeals his sentence of 4 1/2 years incarceration on 12 counts of burglary, grand theft and forgery, followed by 2 years of community control on an escape count, then followed by 8 1/2 years probation on a burglary of a dwelling count. [1] He was adjudicated a youthful offender pursuant to section 958.04, Florida Statutes (1987). We agree error occurred and remand for resentencing. Section 958.04 sets the "maximum" penalties for a person sentenced as a youthful offender. Specifically, section 958.04 provides: (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...

...921.001 unless reasons are explained in writing by the trial court judge which reasonably justify departure. A sentence imposed outside of such guidelines shall be subject to appeal pursuant to s. 924.06 or s. 924.07. In order to sentence Dyer to the "maximum sentence" provided in section 958.04 of 4 years incarceration followed by 2 years community control, the trial judge was required to provide written reasons for departure from the recommended guidelines sentence of 3 1/2 to 4 1/2 years. [2] The sentence given in this case not only exceeded the guidelines, but was in excess of the "maximum sentence." Under section 958.04, the sentence in no event can exceed the statutory maximum....

...With passage of the Youthful Offender Act in 1978, see Chapter 78-84, Laws of Florida, the legislature created an alternative sentencing scheme available to judges when sentencing a criminal defendant younger than 21 years of age at the time of sentencing. § 958.04(1), Fla. Stat. (2011). 3 Youthful offender sentencing is not available for defendants guilty of a capital or life felony, see section 958.04(l)(c), Florida Statutes (2011), or for defendants who have been sentenced pursuant to the Youthful Offender Act for a prior offense....

...sed pursuant to the Youthful Offender Act. See, e.g., Mendez v. State, 835 So.2d 348 (Fla. 4th DCA 2003). This is because a “sentence imposed under the Act is ‘[i]n lieu of other criminal penalties authorized by law....’” Id. at 349 (quoting § 958.04(2), Fla. Stat. (2001)). Finally, section 958.04(2)(d) affords defendants sentenced as a youthful offender an opportunity to have his or her sentence modified or reduced, upon recommendation by the Department of Corrections, “for successful participation in the youthful offender program ...” 5 Id....

...That holding dealt only with the affect of a community control violation (in that case, a new crime violation) on sentencing for the original offense. As to any new offenses, of course, the Youthful Offender Act itself expressly bars youthful offender sentencing for a defendant previously sentenced as a youthful offender. § 958.04(l)(c), Fla....

...2008-250, § 7, Laws of Fla. . This is the age requirement in the current version of the Youthful Offender Act. Under the earlier version, eligibility for youthful offender sentencing was determined based upon the age of the defendant at the time of the offense. § 958.04, Fla....

...d been separately charged and prosecuted. . This reduction of sentence benefit also applies to inmates who are not sentenced by the court as a youthful offender, but are nonetheless classified as a youthful offender by the Department of Corrections. § 958.04(2)(d), Fla. Stat. (2011). . The Youthful Offender Act also requires the Department to operate a "basic training” program for youthful offenders, see § 958.045, Florida Statutes (2011), and authorizes courts to sentence youthful offenders to county-operated "boot camp” programs in lieu of prison. § 958.046, Fla....

...3d DCA 1985), but certified the issue as a matter of great public importance. In Goodson, the district court rejected the proposition that a child charged by indictment was not "transferred" for purposes of qualifying for sentencing as a youthful offender under section 958.04(1)(a), Florida Statutes (Supp....

...ragraph imposes juvenile sanctions under s. 39.111(6). Ch. 81-269, § 1, Laws of Fla. (emphasis supplied). Section 39.02(5)(c)3., Florida Statutes (1981), removes the anomaly referred to in Goodson by establishing consistency with the stipulation in section 958.04, Florida Statutes (1985), that no person may be sentenced as a youthful offender who has been found guilty of a capital or life felony....

...Evans, 503 So.2d 985 (Fla. 5th DCA 1987). We have jurisdiction pursuant to article V, section 3(b)(3) of the state constitution. Diers held that the state could not appeal the sentence of a defendant sentenced pursuant to the Youthful Offender Act (section 958.04, Florida Statutes (1985)) even though the youthful offender sentence was less than that prescribed by the sentencing guidelines....

...1984); see Whitehead v. State, 498 So.2d 863 (Fla. 1986) (habitual offender act). In 1985, in the action we deemed decisive in this case, the legislature directly addressed the present guidelines Youthful Offender issue by adopting an amendment to the Y.O.A., section 958.04(3), which provides: The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to § 921.001 unless clear and convincing reasons are explained in writing by the trial court judge....

...by the prosecution to which it did not refer. Similarly, the notions that the specific controls the general, 49 Fla.Jur.2d Statutes § 182, and that later enactments control earlier ones, 49 Fla.Jur.2d Statutes § 181, lead to the determination that section 958.04(3) takes precedence both over the 1984 general amendment to the guidelines, see The Florida Bar, 451 So.2d at 824, and over section 924.07(5) under which the state has the broad and general right to appeal from downward departures. Finally, since section 924.06(1)(c) gives the defendant the right to appeal from any upward departure, there would be no purpose to granting that right in section 958.04(3), see 49 Fla.Jur. 2d Statutes § 179; Alexander v. Booth, 56 So.2d 716 (Fla. 1952) (every statute deemed to serve useful purpose), unless the legislature meant section 958.04(3) to occupy the field of the reviewability of sentences imposed under the Y.O.A. See State v. C.C., 476 So.2d 144 (Fla. 1985). We believe, in sum, that section 958.04(3) represents a conscious decision by the legislature that an appropriate employment of the Y.O.A....

...demonstrates the legislative intent to require sentencing pursuant to the 10/20/Life statute in certain situations, and to foreclose the possibility of sentencing pursuant to the Youthful Offender Act. The Youthful Offender Act provides that youthful offender sentencing is "[i]n lieu of other penalties authorized by law...." § 958.04(2), Fla....

...See, e.g., Parker v. State, 406 So.2d 1089 (Fla.1981). The Youthful Offender Act allows a trial court to sentence defendants who commit offenses prior to their twenty-first birthdays, and who meet certain other *289 enumerated criteria, as youthful offenders. § 958.04(1), Fla....

...Thus, the State's interpretation of the statute would subject sixteen and seventeen-year-olds to harsher sentences than eighteen, nineteen, and twenty-year-olds, which is surely not what the legislature intended in amending the statute. Additionally, section 958.04, which provides only for youthful offender sentencing, controls over the more general statute, section 985.233, which provides for sentencing procedures for juveniles, and relates to adult, youthful offender, and juvenile sentences....

...Therefore, sentences imposed after July 1, 1984, are no longer exempt from the requirement of written clear and convincing reasons for departure from the sentencing guidelines. Braddock v. State, 472 So.2d 875 (Fla. 1st DCA 1985), review denied, 482 So.2d 349 (Fla. 1986); see also § 958.04(3), Fla....

...lost in a morass and shuffle of legal technicality. Justice and common sense cry out for release, relief, and escape from all of this. Good guidelines (standards) as to sentencing (and support obligations) are greatly needed but not these. NOTES [1] Section 958.04(3), Florida Statutes (1985), dealing with youthful offenders, provides: The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...Public Defender, for appellee. Before BASKIN, COPE and GERSTEN, JJ. BASKIN, Judge. In March 1987, Travis Hicks pled guilty to robbery. § 812.13, Fla. Stat. (1985). The trial court adjudicated Hicks as an adult, categorized him as a youthful offender pursuant to section 958.04, Florida Statutes (1987), and sentenced him to two years of community control....

...Accordingly, the trial court resentenced Hicks as a youthful offender. The state filed this appeal. We reverse. An individual may be classified as a youthful offender under the Florida Youthful Offender Act, chapter 958, Florida Statutes (1987), only if he "has not previously been classified as a youthful offender." § 958.04(1)(c), Fla....

...State, 528 So.2d 101 (Fla. 1st DCA 1988). This sentencing restriction does not apply to sentences imposed on subsequent convictions for crimes charged, not as probation or community control violations, but as substantive crimes charged by informations. See § 958.04(1)(c), Fla....

...it was not filed within thirty days from the date the complaint was referred to the intake office as required by section 39.05(7), Florida Statutes (1977) and, secondly, in failing to classify appellant as a youthful offender under the guidelines of section 958.04(2), Florida Statutes (Supp....

...1st DCA 2008) (“When a defendant has been designated a youthful offender, the court may not change that status by way of revocation of probation or community control.”); Gardner v. State, 656 So.2d 933, 937 (Fla. 1st DCA 1995) (holding that “once a defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04”)....

...Appellant was originally sentenced as an adult to probation; upon violation, he was sentenced as a youthful offender, with a recommendation that he complete a basic *1227 training program for youthful offenders, known generally as "boot camp" and provided for in section 958.04, Florida Statutes....

...laced on probation for two years. He thereafter violated that probation by committing a new law offense, and was given the sentence he now challenges. Appellant's sentence is illegal because it exceeds the statutory limitations set forth by sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes. See State v. Mancino, 714 So.2d 429 (Fla.1998). Section 958.045(5)(c) states that a youthful offender who successfully completes boot camp, is placed on probation, and subsequently violates that probation may be given any sentence which the court might originally have imposed. Section 958.04(2)(b) states that, in sentencing a youthful offender, a court may impose as a condition of probation a period of incarceration not to exceed 364 days....

...d in sections 958.14 and 948.06, Florida Statutes, to the effect that probation violators may not be sentenced to a longer term than the maximum sentence for the underlying offense are superceded by the more specific provisions set forth in sections 958.045(5)(c) and 958.04(2)(b)....

...offender. Although section 893.135, Florida Statutes, under which Mendez was charged, authorizes such penalties, the youthful offender statute does not provide for mandatory minimum terms or the imposition of fines in sentencing youthful offenders. § 958.04(2)(d), Fla. Stat. (2001). The Youthful Offender Act is a separate statutory scheme for treating young defendants to whom the Act applies. A sentence imposed under the Act is "[i]n lieu of other criminal penalties authorized by law...." § 958.04(2), Fla....

...the court sentence him as a youthful offender under section 958.05, Florida Statutes (1979), but it was apparently agreed by all parties that appellant's prior commitments did not entitle him to mandatory classification as a youthful offender under section 958.04(2), although the trial court had discretion to classify him as such under section 958.04(3)....

...[1] This section applies whether the child is directly filed against by the State or is transferred from the juvenile to the adult court. See Goodson v. State, 403 So.2d 1337 (Fla. 1981). [2] § 39.111(6)(a), Fla. Stat. (1979). [3] § 39.111(6)(b), Fla. Stat. (1979). [4] See § 958.04, Fla....

...[2] Moreover, this provision was in effect in 1992 when Hill committed the underlying offense and thus, is not an impermissible ex post facto law, as Hill suggests. Cf. Reeves v. State, 605 So.2d 562 (Fla. 2d DCA 1992). AFFIRMED. COBB and W. SHARP, JJ., concur. NOTES [1] § 958.04(2)(c), Fla....

...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee. COBB, Chief Judge. This appeal challenges the legality of a six-year sentence of incarceration imposed upon a youthful offender under section 958.04, Florida Statutes, subsequent to revocation of his community control, which was part of a prior sentence of two years in prison followed by two years of community control....

...The appellant was found guilty of violating probation that was imposed after he successfully completed youthful offender boot camp, and he was sentenced to 69.6 months' imprisonment followed by 5 years' probation. The appellant filed a rule 3.800(a) motion alleging that his sentence is illegal under section 958.04(2)(b), Florida Statutes. The plain language of section 958.04(2)(b), Florida Statutes, states that a youth may only receive up to 364 days in a specified facility as a penalty for violating probation imposed after successful completion of boot camp....

...Greene raises four points on appeal, three of which are without merit. However, we agree with appellant's contention that he was improperly sentenced. He had initially been sentenced pursuant to an adjudication of guilt on a burglary charge pursuant to Section 958.04(2), Florida Statutes (1979), as a youthful offender. Subsequently, he was charged with three separate robberies which led to the revocation of his probation. After the lower court revoked his probation, it reimposed a 15-year sentence for the original burglary charge contrary to Section 958.04(2). In so sentencing the appellant, the trial court erred because he met all the criteria of Section 958.04(2), mandating that section's application....

...State, 392 So.2d 1335 (Fla. 1st DCA 1980); Abram v. State, no. TT-193 (Fla.1st DCA, April 14, 1981) [1981 FLW 879]. As in Goodson and Abram we certify the following question to the Supreme Court of the State of Florida as one of great public importance: Does Section 958.04(2), Florida Statutes (1979), provide for mandatory classification if certain statutory prerequisites are satisfied? *1012 The case is reversed and remanded for proper sentencing consistent with this opinion....

...Richardson appeals his sentence on a charge of robbery with a firearm. With great particularity the trial judge recited that Richardson qualified for sentencing under the Youthful Offender Act, Chapter 958, Florida Statutes, in all respects but one. Section 958.04(1)(c) excludes from the Act persons convicted of life felonies....

...un concurrent to each other and to Case No. 3515. He now appeals. We reverse. Although we commend the court and counsel for attempting to fashion a reasonable (and perhaps effective) sentence, we conclude that the sentence is, nevertheless, illegal. Section 958.04, Florida Statutes (1990 Supp.) states: (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: * * * * * * (c) The...

...nder Act or to limit his sentence as the Act requires. We also note that scoring of legal constraint points was erroneous. Flowers v. State, 586 So.2d 1058 (Fla. 1991). This should be corrected on remand. PETERSON and GRIFFIN, JJ., concur. NOTES [1] Section 958.04, Florida Statutes (Supp....

...a prior offense of dealing in stolen property. The charge of escape was properly included in the scoresheet for case number F88-40074A as it was an extant charge at time of sentencing. Boynton's 40 year sentences are not illegal. Affirmed. NOTES [1] Section 958.04, Florida Statutes (1987).

...We are concerned, however, about a separate claim made in the "memorandum brief of appellant" that Harvey has submitted for the first time to this court. Harvey is a juvenile who was prosecuted as an adult. The trial court imposed a split sentence under the Youthful Offender Act. § 958.04, Fla....

...Paulino attempts to avoid this result on the theory that the court could have sentenced him as a youthful offender under chapter 958, Florida Statutes (1993), and, under that chapter, would not have been required to *426 impose the minimum mandatory term. See § 958.04, Fla....

...as it is punishable by life imprisonment and can amount to a life felony in degree of seriousness." The state is correct in its assertion that a person found guilty of a life felony is not entitled to be classified a youthful offender under the act. § 958.04(1)(c), Fla....

...Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee. FRANK, Judge. The appellant, who entered a plea of guilty to two counts of attempted second degree murder with a firearm, was sentenced pursuant to the Youthful Offender Act, § 958.04(2), Fla. Stat. (1985), to four years with three years mandatory minimum, followed by two years of probation. He has appealed the imposition of the three year mandatory minimum. Section 958.04(2) provides that the penalties established in the Youthful Offender Act shall be imposed in lieu of other criminal penalties authorized by law....

...n," 526 So.2d at 163, it is doubtful that the Franklin holding will long survive, given the strong dicta in Allen to the contrary, observing that although its decision was grounded upon a construction of Section 958.05, Florida Statutes (1979), that Section 958.04(2)(d), Florida Statutes (1985), nonetheless expressly provides that which was found implied by the court from its examination of the 1979 statute: commitment of the youthful offender to no more than six years....

...offender program. The trial court has discretion to sentence as a youthful offender a defendant who is at least 18 years old and has been found guilty of a felony (except for a capital or life felony) committed before the defendant's 21st birthday. § 958.04(1), Fla....

...fender. In the instant case, appellant asserts he was eighteen years old at the time of the robberies. Thus, appellant opines that his counsel should have advised the trial court of the option to sentence appellant as a youthful offender pursuant to section 958.04, Florida Statutes (2003), which authorizes the imposition of a sentence exceeding no more than 6 years' imprisonment for those individuals committing crimes prior to their 21st birthdays and who meet the enumerated criteria. The trial court denied this claim based on section 958.04's specific wording which states that an individual may not be sentenced as a youthful offender if the individual was convicted of a life felony....

...ch requires the imposition of a ten year minimum mandatory where an individual is convicted of armed robbery due to his use of a firearm. An individual sentenced pursuant to the Youthful Offender Act may receive a maximum of six years' imprisonment. § 958.04(2)(a), Fla....

...ence a defendant to a youthful offender sentence in lieu of the 10/20/life statute's minimum mandatory requirements. 829 So.2d 287 (Fla. 1st DCA 2002); see also Holmes v. State, 638 So.2d 986 (Fla. 1st DCA 1994) (holding that the express language of section 958.04(2), which authorizes the discretion to sentence the appellant as a youthful offender "in lieu of other criminal penalties authorized by law," provides that a 10/20/life reclassification to a life felony does not preclude sentencing as a youthful offender)....

...1st DCA *727 1988); Rogers v. State, 972 So.2d 1017 (Fla. 4th DCA 2008). Under section 948.06(2)(b), Florida Statutes (2003), revocation of probation subjected Hudson to any sentence that might have originally been imposed, minus credit for time served. Because section 958.04(2)(a) limited a combined sentence of probation and community control to six years, the court erred by imposing a total of seven years....

...which sets the criteria for youthful offender treatment and limits the period of incarceration to four years maximum. In addition, the sentencing court can impose two years probation or community service to commence after release from incarceration. § 958.04(2)(c), Fla....

...Appellant was sentenced for two third degree felonies, each of which carries a maximum of five years imprisonment. Because he was given the youthful offender "four plus two" on each sentence, albeit to run concurrently, the sentences were technically excessive. Section 958.04(2)(d), Florida Statutes says: The court may commit the youthful offender to the custody of the department for a period of not more than 6 *369 years, provided that any such commitment shall not exceed the maximum sentence for the offense for which the youthful offender has been convicted....

...of her child. She challenges the voluntariness of her confession, the trial court's refusal to instruct the jury on the lesser included offenses of assault and battery, and the trial court's failure *431 to sentence her as a youthful offender under section 958.04, Florida Statutes (1979)....

...State, 342 So.2d 501 (Fla. 1977) and Brown v. State, 245 So.2d 68 (Fla. 1971) serve as authority for our affirmance of the court's action. We find merit in defendant's contention that the court was required to sentence her as a youthful offender under section 958.04, Florida Statutes (1979), which provides:[ [1] ] 958.04 Eligibility for youthful offender; classification....

...been raised on direct appeal. [3] They are not cognizable in a rule 3.800(a) proceeding. See Lee v. State, 679 So.2d 1158 (Fla.1996). AFFIRMED. PETERSON and PLEUS, JJ., concur. NOTES [1] § 812.13(1) and (2)(a), Fla. Stat. (2001). [2] See generally, § 958.04(2)(c), Fla. Stat. (2001). [3] See generally, § 958.04(1), Fla....

...Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall the defendant be eligible for parole or statutory gain-time under s. 944.27 or s. 944.29, prior to serving such minimum sentence. [2] Section 958.04, Florida Statutes (1981)....

...2d DCA 1982) (defendant sentenced under Youthful Offender Act cannot be given minimum mandatory sentence for possession of firearm). Sentencing under the Youthful Offender Act is discretionary. See Bell v. State, 429 So.2d 403 (Fla. 1st DCA 1983). While it may be said that defendant meets the threshold requirements of section 958.04(1) for classification as a youthful offender, the fact remains the court made no such finding....

...There is no statement that defendant was being sentenced as a youthful offender and the trial court made no mention of Chapter 958 or its provisions. The court clearly announced its intention to treat defendant as an "adult," but Chapter *477 958 is an "adult" sanction. § 958.04(1)(a), Fla....

...1st DCA 1981), and Lane v. State, 470 So.2d 30 (Fla. 5th DCA 1985), on the issue of whether a youth sentenced under the Youthful Offender Act may be sentenced consecutively so that his total commitment exceeds the six year youthful offender maximum prescribed in § 958.04(2)(d) Florida Statutes....

...Rogers, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant challenges an order of the trial court summarily denying his rule 3.800(a) motion in which he alleged that his sentence following violation of probation was illegal under sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (1998), and Bloodworth v....

...After a violation of probation, the appellant was sentenced to five years' incarceration. Upon violation of probation imposed after successful completion of boot camp, the trial court is limited to imposing a sentence of no more than 364 days in a specified facility as a penalty. See § 958.04(2)(b), Fla....

...r commitment by running away from her halfway house. Following her apprehension, the trial court conducted a perfunctory hearing at which it merely revoked Crain's order of delinquency and sentenced her as a youthful offender for both offenses under section 958.04, Florida Statutes (1993)....

...Bell contends that he meets the criteria of a youthful offender because the crime for which he has been charged was committed before his 21st birthday and is not a life felony offense. He relies upon State v. Goodson, 403 So.2d 1337 *404 (Fla. 1981), which interpreted Section 958.04(2), Florida Statutes (Supp. 1978), as providing for mandatory classification of a defendant as a youthful offender if the statutory prerequisites set out in Section 958.04(1) are satisfied. We would be bound by the Goodson opinion if the legislature had not substantially amended Section 958.04(2), effective October 1, 1980. See Ch. 80-321, § 2, Laws of Florida. The amended statute, not under consideration in Goodson, accordingly controls the instant case since the offense occurred on February 27, 1981; the plea on June 3, 1981, and sentencing on June 12, 1981. Section 958.04(2), Florida Statutes (Supp....

...three years incarceration, and receive concurrent five year terms of probation for the other two counts consecutive to the incarceration. The trial court sentenced him in exact compliance with his plea bargain. Ford now argues the sentences violate section 958.04(2)(c), Florida Statutes (1991)....

...eration. The period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed six years. (Emphasis supplied). The State agrees that Ford received an illegal sentence, since pursuant to section 958.04(2)(c) a youthful offender cannot receive longer than six years combined incarceration plus probation terms....

...took itself out of the guidelines, having been imposed and adopted after the guidelines statute ..." He said the youthful offender statute forbids an upward departure but says nothing about a downward one, so the legislature must have meant to permit downward departure. The pertinent statute is section 958.04(3): The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...(the inclusion of one thing implies the exclusion of another) applies to this statute; thus whether the legislature meant to allow trial judges to depart downwards in these cases for any reason — and to give no reason at all. In acknowledging that section 958.04(3) does not address a downward departure, the trial court is correct....

...Lubins Louissaint appeals an order denying his motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). We reverse, finding that Louissaint's motion correctly asserts *404 that the court imposed an illegal sentence. Upon accepting Louissaint's guilty plea, the trial court sentenced him as a youthful offender, § 958.04(1)(c), Fla. Stat. (Supp. 1996), to three years in prison on four counts of the indictment; the trial court sentenced Louissaint to ten years probation as an adult, on the indictment's remaining two counts. Section 958.04(2)(c), Florida Statutes (Supp....

...State, 596 So.2d 495 (Fla. 5th DCA 1992), the Fifth District Court held that a mixed youthful offender and adult sentencing scheme is illegal. "When a court adjudicates an individual as a youthful offender, he must be sentenced under the provisions of section 958.04(2)." State v....

...Thomas Waugh was given a fifteen-year sentence for violation of Florida's Comprehensive Drug Abuse Prevention and Control Act. Later, he filed a motion to correct his illegal sentence alleging that he should have been sentenced as a youthful offender under section 958.04, Florida Statutes (1979)....

...As we explain below, the imposition of the 4 1/2 term was erroneous. The Youthful Offender Act (YOA), chapter 958, Florida Statutes (1989), limits the total term of incarceration and probation that may be imposed upon a youthful offender to a total of six years. § 958.04(1)(c), Fla....

...control, and three years of probation. The trial court's sentencing orders explicitly state that defendant "is hereby committed to the custody of the Dade County Jail (Youthful Offender)" and "is sentenced as a youthful offender in accordance with F.S. 958.04." The defendant successfully completed the youthful offender program, which is commonly referred to as "boot camp," but subsequently violated a condition of his community control and, as a result, was sentenced to concurrent terms of 65.1 months imprisonment....

...State, 769 So.2d 1117 (Fla. 2d DCA 2000); see also, Lee v. State, 884 So.2d 460 (Fla. 4th DCA 2004); Blaxton v. State, 868 So.2d 620 (Fla. 2d DCA 2004); Thomas v. State, 825 So.2d 1032 (Fla. 1st DCA 2002); Burkett v. State, 816 So.2d 767 (Fla. 1st DCA 2002). Section 958.04, Florida Statutes (2002), governs the judicial disposition of youthful offender cases. This section allows courts to impose a split sentence, as was done here, "whereby the youthful offender is placed on probation or community control upon completion of any specified period of incarceration." § 958.04(2)(c), Fla. Stat. (2002). Section 958.04(2)(c) further provides, in pertinent part, that "the period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed 6 years." § 958.04(2)(c), Fla. Stat. (2002). Section 958.04(2)(b), Florida Statutes (2002) states, in pertinent part: The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in either a county facility, a department probation and restitution center, or a community residential facility which is owned and operated by any public or private entity providing such services.... Placement in such a facility or center shall not exceed 364 days. § 958.04(2)(b), Fla. Stat. (2002). Section 958.045, which details the State's youthful offender basic training program, provides, in pertinent part: Upon the offender's completion of the basic training program, the department shall submit a report to the court that describes the offender's performance....

...modifying the sentence imposed and placing the offender on probation.... If the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation. Section 958.045(5)(c), Florida Statutes (2002)(emphasis added). Reading sections 958.04(2)(b) and 958.045(5)(c) together, courts have consistently construed them as limiting to 364 days the period of incarceration which may *434 be imposed for a violation of probation following successful completion of the Department of Corrections' boot camp program....

...The Lee court held that the 364-day limitation on re-sentencing upon revocation of probation applied only to defendants who participated in the Department of Corrections' boot camp program and not to defendants who participated in county-operated boot camp programs. Lee, 884 So.2d at 462. The court reasoned that although section 958.046, Florida Statutes (2002), allows placement of youthful offenders in county-operated boot camp programs, it "contains no specific provision comparable to section 958.045(5)(c)." Id....

...This case is factually indistinguishable from Lee, supra . Here, the sentencing orders indicate that the defendant was sentenced to the county-operated youthful offender program and completed that boot camp program as opposed to the state-operated program detailed in section 958.045(5), Florida Statutes (2002)....

...n revocation of probation. In agreeing with Lee, supra, we note that had the Legislature intended that the 364-day limitation on re-sentencing upon revocation of probation apply to county-operated programs, the limitation would have been included in section 958.04, Florida Statutes (2002), rather than section 958.045, Florida Statutes (2002), which deals solely with the state-operated program....

...Washington v. State, 392 So.2d 599 (Fla. 1st DCA 1981); Kelly v. State, 389 So.2d 250 (Fla. 2d DCA 1980); White v. State, 324 So.2d 115 (Fla. 3d DCA 1976). However, the trial court erred in failing to sentence appellant pursuant to the Youthful Offender Act, Section 958.04(2), Florida Statutes. Since the appellant met all the requirements of Section 958.04(2), the trial court had a mandatory obligation to sentence him under the Act....

...Since we certified an identical question in Goodson on the issue whether the trial court was required to sentence the defendant there as a youthful offender, we certify the same question here to the Florida Supreme Court as one of great public importance: Does Section 958.04(2), Florida Statutes (1979), provide for mandatory classification if certain statutory prerequisites are satisfied? The cause is remanded for resentencing in a manner consistent with this opinion. ERVIN and SHAW, JJ., concur. WENTWORTH, J., concurring and dissenting with opinion. WENTWORTH, Judge, concurring and dissenting. I concur in the majority opinion insofar as it requires that appellant be sentenced pursuant to § 958.04(2), the Youthful Offender Act; however, I disagree with the majority conclusion that the jury instruction issue has not been preserved for appeal....

...Although the appellant's first claim is not cognizable in a rule 3.800 motion, we must reverse as to the second claim. A defendant may not be resentenced upon a subsequent violation of probation to a period exceeding 364 days' incarceration following participation in a youthful offender boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997)....

...Then, upon the appellant's subsequent violation of probation, she was resentenced to a period of 10 years in prison followed by 10 years of probation. Thus, the trial court's imposition of a sentence exceeding 364 days' incarceration, upon the appellant's violation of probation, would violate section 958.04(2)(b), Florida Statutes (1997) and appears illegal....

...the change in plea and reinstituting the plea of not guilty. See Davis v. State, 308 So.2d 27 (Fla. 1975) and Carmo v. State, 378 So.2d 850 (Fla. 4th DCA 1979). The record further reflects that the appellant qualifies under the mandatory language of section 958.04(2), Florida Statutes (1979) as a youthful offender under the wording of the statute prior to its amendment....

...onment, two concurrent terms of four years' imprisonment, and to 364 days in county jail on the remaining count. Upon successful completion of boot camp, a trial court is required to reduce a defendant's remaining term of incarceration to probation. § 958.045(5)(c), Fla....

...If a youthful offender who has successfully completed boot camp violates probation, the trial court may impose a term of incarceration not to exceed 364 days. Thomas v. State, 825 So.2d 1032, 1033 (Fla. 1st DCA 2002); Bloodworth v. State, 769 So.2d 1117 (Fla. 2d DCA 2000); § 958.04(2)(b), Fla....

...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. 948.03." Section 958.04, Florida Statutes (2002), then contains the following language dealing with the subject of probation for youthful offenders: (2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive se...

...Both the appellant's original sentence and his current sentence exceed the youthful offender statutory maximum. The statutory maximum for the appellant's original youthful offender sentence was six years, only four of which could be served under incarceration. See § 958.04(2)(a)(c)(d), Fla....

...address the interplay between the sentencing guidelines and the Youthful Offender Act. The state appears to argue that a youthful offender sentence is subject to the guidelines and a downward departure must therefore be supported by written reasons. Section 958.04(3) of the Youthful Offender Act is the only section of the act that refers to the sentencing guidelines....

...dge which reasonably justify departure. A sentence imposed outside of such guidelines shall be subject to appeal pursuant to section 924.06 or section 924.07. The right of appeal by the state was added by the legislature last year. That amendment of section 958.04(3) was the only material change the legislature made to the statute....

...idelines range. As we stated in State v. Diers, 517 So.2d 788, 789 (Fla. 2d DCA 1988), the Y.O.A. is more specific than the guidelines scheme and directs that its penalties are to be imposed "[i]n lieu of other criminal penalties authorized by law." § 958.04(2), Fla....

...Second, the legislative amendment to the Y.O.A. specifically provides for a defendant's appeal from an upward departure from the guidelines but is silent on both downward departures and the state's right to appeal. (Emphasis supplied). Though the latest legislative amendment of section 958.04(3) has added the right of the state to appeal, it remains silent as to downward departures....

...be explained by the trial court. Since the supreme court by rule has directed the sentencing court to explain any *1120 guidelines departure when a youthful offender sentence is imposed, and McLeod holds that the state has a right under the amended section 958.04(3) to appeal a sentence imposed under the Act less than the guidelines recommendation, I disagree with the majority that the silence of the statute concerning downward departures removes the necessity of written reasons to justify such departures....

...It seems illogical that the legislature would amend the statute to afford the state the right to appeal a sentence below the guidelines, but at the same time not require some justification by the trial court for the departure. Indeed, why afford the state such an empty right of appeal? In addition, section 958.04(3) must be read in pari materia with section 921.001, Florida Statutes (1985), which establishes the statutory authority for the promulgation of the sentencing guideline rules (Florida Rules of Criminal Procedure 3.701 and 3.988)....

...sentencing guidelines and the general dictate of section 921.001(6). The majority's opinion further appears to be in direct conflict with Wiedeman v. State, 506 So.2d 1079 (Fla. 5th DCA 1987). In Wiedeman, a case that predated the 1987 amendment to section 958.04(3), permitting the state to appeal a guidelines departure sentence imposed under the Act, [4] the fifth district reversed a youthful offender sentence of four years incarceration followed by ten years probation....

...outhful offender sentence. Hudson v. State, 475 So.2d 1018 (Fla. 4th DCA 1985); Braddock v. State, 472 So.2d 875 (Fla. 1st DCA 1985). For the reasons I have expressed above, I would also affirm the sentencing order. NOTES [1] The legislature amended section 958.04, Florida Statutes (1985), to read as follows: 958.04 Judicial disposition of youthful offenders....

...[3] In passing, I would note that the sentencing order which was the subject of this court's decision in State v. Diers, 517 So.2d 788 (Fla. 2d DCA 1988), cited by the majority in support of its opinion, preceded the effective date of the amendment to section 958.04(3)....

...Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. Following a guilty plea entered pursuant to a plea agreement in a sexual battery case (No. 83-1346), the defendant was adjudicated a youthful offender (section 958.04, Florida Statutes). On February 1, 1984, he was sentenced in accordance with section 958.04(2)(c), Florida Statutes, to a term of six years' confinement with a provision that after four years he be placed on community control for two years....

...State, 588 So.2d 689 (Fla. 4th DCA 1991); Flowers v. State, 546 So.2d 782 (Fla. 4th DCA 1989). We remand for resentencing in accordance with the statute. We also note that the judgment indicates that appellant is being sentenced as a youthful offender in accordance with section 958.04, Florida Statutes (1989), yet his sentence far exceeds the maximum allowable under that statute....

...On September 17, 2001, the trial court sentenced Cutler in cases 99-17534 and 01-2064 as a youthful offender to concurrent terms of four years' incarceration followed by two years' probation. On July 2, 2002, Cutler finished boot camp and his sentences were modified to five years' youthful offender probation pursuant to section 958.045(5)(c), Florida Statutes (1999, 2001)....

...one case and to terms of seventy-five months and sixty months' incarceration in the second case. All the sentences were to be served concurrently. In his rule 3.800(a) motion, Cutler alleged that because he successfully completed boot camp, sections 958.04(2)(b) and 958.045(5)(c) limit his prison exposure to 364 days upon violation of youthful offender probation. See Bloodworth, 769 So.2d at 1118. But see Holmes v. State, 899 So.2d 432 (Fla. 3d DCA 2005) (holding sections 958.04(2)(b) and 958.045(5)(c) do not apply to a defendant who was committed to a boot camp not operated by the Department of Corrections); Lee v....

...Citing section 958.14, it determined that because Cutler's probation was revoked based on a substantive violation, it could sentence Cutler to the maximum sentence authorized for the offenses for which he was on probation. This rationale was rejected in Mims v. State, 871 So.2d 1003, 1004 (Fla. 1st DCA 2004), which held that section 958.045(5)(c) rather than section 958.14 controlled when a youthful offender had violated probation following successful completion of boot camp. Accordingly, we reverse and remand for Cutler to be resentenced in both cases in accordance with section 958.04(2)(b) and 958.045(5)(c) to a total of 364 days' imprisonment with credit for time served. Reversed and remanded for resentencing. WHATLEY and SILBERMAN, JJ., Concur. NOTES [1] "Boot camp" refers to the youthful offender basic training program per section 958.045, Florida Statutes.

...lant had previously completed youthful offender boot camp. A defendant may not be resentenced upon a subsequent violation of probation to a period exceeding 364 days' incarceration following participation in a youthful offender boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997)....

...Here, according to appellant's motion and supporting documents, he participated in a youthful offender boot camp program and as a result, the trial court modified his original sentence. Thus, the trial court's imposition of a sentence exceeding 364 days' incarceration upon the appellant's violation of probation violates section 958.04(2)(b), Florida Statutes (1997), and appears to be illegal....

...Youthful offender sentencing is discretionary, but if the trial judge elects to impose a youthful offender sentence, minimum mandatory terms otherwise associated with the offense of conviction do not apply, and the sentence is capped at six years or the maximum sentence for the crime(s), whichever is least. § 958.04(1) - (2), Fla....

...ovided with multiple benefits, including placement in institutions separate from the adult prison population, special rehabilitation programs, and the possibility of early release upon recommendation by the Department of Corrections. §§ 958.03(5), 958.04(2)(d), Fla....

...Weston, 510 So.2d 1001 (Fla. 3d DCA 1987). Significant considerations impel us to this conclusion. First, the Y.O.A. is more specific than the guidelines scheme and directs that its penalties are to be imposed "[i]n lieu of other criminal penalties authorized by law." § 958.04(2), Fla....

...m. 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, shall not exceed the original sentence imposed. § 958.04(2)(c), (d), Fla.Stat....

...[3] Alternatively, the trial court may sentence a youthful offender to six years of incarceration. Defendant is correct that a term of five years incarceration in state prison as a youthful offender, followed by one year of probation, is an illegal sentence. See id. § 958.04(2)(c); Riley v....

...1986), receded from on other grounds, Quarterman v. State, 527 So.2d 1380 (Fla. 1988). We reverse the order now under review and remand for resentencing within legal limits, [4] or alternatively to allow defendant to withdraw his plea. We suggest that the legislature revise section 958.04(2)(c), Florida Statutes, to allow greater flexibility in split sentencing....

...The oral pronouncement, and separately-entered probation order, provide for one year of probation. [2] The offense date was February 1, 1999. [3] Not at issue here is placement in a probation and restitution center or community residential facility. The time limit for such a placement is 364 days. Id. § 958.04(2)(b); see State v. Davis, 721 So.2d 1243 (Fla. 4th DCA 1998). [4] The choices include leaving the sentence at five years and striking the one-year probationary term, id. § 958.04(2)(d), or resentencing defendant to four years followed by two years of probation. Id. § 958.04(2)(c),(d). [5] This could be accomplished by striking from section 958.04(2)(c) the phrase "or more than 4 years."

...We agree that the sentence under review must be reversed. Betancourt was convicted of armed robbery with a deadly weapon. He was sentenced as a youthful offender to a split sentence of four years' incarceration followed by two years of community control. See § 958.04(2)(c), Fla....

...While the Youthful Offender Act authorizes split sentences of the type imposed here, id., the Act also limits a youthful offender sentence to the maximum disposition authorized under the sentencing guidelines, "unless reasons are explained in writing by the trial judge which reasonably justify departure." § 958.04(3), Fla....

...State, 720 So.2d 578, 580 (Fla. 1st DCA 1998). On each count, the trial court sentenced Mr. Johnson to four years' incarceration, to be followed by two years' probation, [2] for a combined six years, the maximum permissible for a youthful offender. Section 958.04(2)(c), Florida Statutes (Supp.1996), provides: The period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed 6 years....

...gun is used is reclassified as a life felony. § 775.087(1). Corbitt v. State, 697 So.2d 1310 (Fla. 4th DCA 1997). Our youthful offender statute provides that no one who has been found guilty of a life felony can be sentenced as a youthful offender. § 958.04(1)(c)....

...GUNTHER, J., dissenting. I agree with the majority's holding insofar that if the 10/20/Life reclassification were mandatory, then kidnaping with a firearm would become a life felony and the youthful offender sentence would be inapplicable. Compare § 958.04(1)(c), Fla....

...ll be reclassified as follows: (a) In the case of a felony of the first degree, to a life felony. § 775.087(1)(a), Fla. Stat. (1995)(emphasis added). Further, youthful offender sentences are " in lieu of other criminal penalties authorized by law." § 958.04(2), Fla....

...Appellant was charged with two counts of vehicular homicide and one count of reckless driving causing serious bodily injury. Appellant entered an open plea of *497 no contest shortly before his twenty-first birthday to maintain the possibility of receiving a youthful offender sentence. See § 958.04(l)(b), Fla....

...He was sentenced to a term of five years imprisonment as a youthful offender. After remand to the custody of the Florida Department of Corrections, Smith was screened and found suitable for the agency's "basic training program" or "`shock' incarceration" as described in section 958.045, Florida Statutes (1997), also commonly referred to as "boot camp." In accordance with section 958.045(2), Florida Statutes, the sentencing judge gave written approval for Smith to participate in the program. Thereafter Smith successfully completed the program and requested that his sentence be modified to a term of probation as called for by section 958.045(5)(c)....

...g after careful review of the applicable statutes. An individual may attain the status of "youthful offender" in either one of two ways. First, as was done in the instant matter, a defendant may be sentenced as a youthful offender in accordance with section 958.04(1), Florida Statutes (1997). If, however, the defendant is not sentenced as a youthful offender but meets the criteria, he or she may be classified as such by the Department of Corrections pursuant to 958.11(4), Florida Statutes (1997). Section 958.045(2), Florida Statutes, provides: If an offender meets the specified criteria and space is available, the department shall request, in writing from the sentencing court, approval for the offender to participate in the basic training *755 program....

...Further, the state attorney would be placed on constructive notice, at the very least, of the eligibility of an individual sentenced as a youthful offender for boot camp and the possibility that a portion of the sentence would be mandatorily converted to probation in accordance with section 958.048(5)(c) in the event the program was successfully completed....

...thirty-seven years imprisonment, retaining jurisdiction over the first one third of the sentence. The state concedes that unless Trenary was convicted of a life felony he meets all of the requirements for sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1979)....

...Stat. (1979). As a result, pursuant to section 775.087(1), Florida Statutes (1979), the offense was enhanced from that of a first degree felony to that of a life felony and thus Trenary did not qualify for sentencing under the Youthful Offender Act as section 958.04(1)(b), Florida Statutes (1979), requires, among other things, that the offense not exceed a first degree felony....

...As a general rule, adjudication cannot be withheld if a defendant is incarcerated. See State v. Oates, 610 So.2d 522 (Fla. 2d DCA 1992). However, adjudication can be withheld under the Youthful Offender Act if the incarceration is a condition of probation and the term of incarceration does not exceed 364 days. See id.; § 958.04(2)(c), Fla....

...t 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 should have the opportunity to consider whether it wishes to exercise its discretion pursuant to section 958.04, Florida Statutes....

...without regard to the sentencing guidelines. We conclude that section 958.14, Florida Statutes (1991), which explains the sentencing options available when a youthful offender violates community control or probation, must be read in conjunction with section 958.04(3), which provides that a sentence greater than permitted under the guidelines must be supported by written reasons....

...Goodson, 403 So.2d 1337 (Fla.1981).” Schultz v. State, 411 So.2d 892, 893 (Fla. 2d DCA 1982). Although we do not know what specific arguments were presented in that original appeal, Goodson does not directly discuss whether a defendant who was permissibly treated as a youthful offender under section 958.04(1), Florida Statutes (1979), must be resentenced as a youthful offender on a violation of probation....

...1978), generally limited a period of "probation in a community control program” to two years and contemplated a split sentence not to exceed four years’ imprisonment followed by two years’ community control. Apparently, Mr. Shultz did not challenge this sentence on direct appeal. . In Goodson , the court held that section 958.04(2) mandated a youthful offender designation if certain statutory prerequisites applied....

...had no discretion to instead sentence Simpkins as a youthful offender. We remand for the court to reconsider the sentence in light of that discretion. *1204 It is undisputed that Simpkins was eligible for sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1999). He was younger than 21 years old at the time of his offenses and had not previously been classified as a youthful offender. § 958.04(1)....

...The decision whether to sentence a defendant as a youthful offender is discretionary with the trial court. Ellis v. State, 475 So.2d 1021, 1022 (Fla. 2d DCA 1985). However, the youthful offender statute does not apply to defendants who have been convicted of capital or life felonies. § 958.04(1)(c)....

...r the Florida Youthful Offender Statute (YOS). [1] The trial court withheld adjudication, but sentenced him to 18 months in prison, followed by 1 year on probation. This appeal follows. Both parties agree that the defendant was sentenced pursuant to section 958.04(2)(c), of the Youthful Offender Statute, which provides that: "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." At the same time, section 958.04(2)(b) allows incarceration as a condition of probation or community control, as here, in a community or county facility or in a probation or restitution center, but limits the term of such incarceration to no more than 364 days....

...natively, the court may decline to adjudicate him guilty and sentence him to a term of incarceration as a condition of probation so long as the incarcerative portion does not exceed 364 days. REVERSED. STEVENSON and GROSS, JJ., concur. NOTES [1] See § 958.04, Fla....

...The defendant is hereby committed to the custody of the Department of Corrections. The defendant is hereby committed to the custody of the Sheriff of County, Florida The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check one; unmarked sections are inapplicable): For a term of natural life. For a term of . Said SENTENCE SUSPENDED for a period of subject...

...2 The state charged the defendant in two cases with, collectively, seven counts of robbery while in actual possession of a firearm and one count of armed burglary. The defendant ultimately entered an open no contest plea and filed a motion to be sentenced as a youthful offender pursuant to section 958.04(1), Florida Statutes (2008)....

...The youthful offender statute’s plain language provides that a court may impose a youthful offender sentence upon a person meeting the statute’s enumerated criteria “[i]n lieu of other criminal penalties authorized by law” unless the person “has been found guilty of a capital or life felony.” § 958.04(2) & (1)(c), Fla....

...hful offender does not go to state prison. 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....

...terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years....”). . The defendant also appealed the circuit court’s denial of his motion to withdraw plea. We affirm that denial without further discussion. . Section 958.04(1), Florida Statutes (2008), provides: 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...

...____ The defendant is hereby committed to the custody of the Department of Corrections. ____ The defendant is hereby committed to the custody of the Sheriff of _____ County, Florida. ____ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes....

...other sanctions . . . and the time previously served on probation total more than the statutory maximum"). Furthermore, when sentencing an accused as a youthful offender, a court may not impose a split sentence that exceeds six years in length. See § 958.04(2)(c), Fla....

...As to grounds one and two, we reverse either for an evidentiary hearing or the attachment of further portions of the record conclusively refuting these grounds for relief. Reversed and Remanded. GUNTHER, WARNER and POLEN, JJ., concur. NOTES [1] See § 958.04(2)(b), Fla. Stat.; Mason v. State, 864 So.2d 1225 (Fla. 1st DCA 2004). (Effective July 1, 2006, section 958.045(5)(c) now provides that a youthful offender who violates probation following successful completion of the boot camp program may be sentenced, on revocation of the probation, to any sentence that could have been imposed originally....

...On February 20, 2006, Martinez filed a motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure Rule 3.800(b). Martinez alleged that the trial court had improperly sentenced him to more than six years as a youthful offender on a technical violation of his supervision in violation of section 958.04(2)(c), Florida Statutes (2006)....

...on on a youthful offender sentence may not exceed the statutory maximum for the offense or six years, whichever is less. Because Martinez already had served three of the six years in custody, he argued that the sixty-month term of probation violated section 958.04(2)(c)....

...rule 3.800(b)(2) motion to correct illegal sentence on the basis that it was disparate compared to other similarly situated defendants; (3) ’the court erred in denying his rule 3.800(b)(2) motion to correct certain costs' imposed against' him; (4) section 958.04(l)(b), Florida Statutes (2008), Florida’s Youthful Offender' Act, violates equal protection and due process.' Id....

...The Fourth District held that the sentencing court did not consider any impermissible factors when it sentenced Jackson and did not err when' it denied • Jackson’s ' rule 3.800(b)(2) motion without an evidentiary hearing. Moreover, the- Fourth District held that section ■ 958.04(l)(b) did not violate equal protection or due process. *426 However, the court did reverse the costs imposed against Jackson. Id. Before this Court, Jackson raises a facial challenge to the constitutionality of section 958.04(l)(b)....

...etween otherwise eligible defendants. He claims that no other Florida statute distinguishes between defendants based solely on' their age at' sentencing and therefore this’ classification triggers strict scrutiny. 'Furthermore, Jackson argues that section 958.04(l)(b) violates due process because eligibility implicates liberty interests, and in attempting to be eligible for youthful offender sentencing, a defendant may forgo certain constitutional rights. For the reasons that follow, we held that section 958.04(l)(b) is constitutional as amended and does not violate equal protection or due process....

...[w]ho is found guilty of or who has tendered, and the court has accepted, a plea of nolo, con-tendere or guilty to . a crime that is, under-the laws -of this stated a felony if .the offender is younger than 21 years of age at the time sentence is. imposed. 958.04(l)(b), Fla....

...Where no suspect classification is involved, “the statute need only bear a reasonable relationship to a legiti-rnate state interest.” Id. Some inequality or imprecision-'will not “fender a statute invalid.” Acton v. Fort Lauderdale Hosp., 440 So.2d 1282, 1284 (Fla.1983). In analyzing whether or not section 958.04(l)(b) violates equal protection, the first question is whether or not the statute affects a fundamental right or a suspect class....

...Const, (defining the protected classes as “race, religion, national origin, or physical disability”); see also Gregory v. Ashcroft, 601 U.S. 452 , 470, 111 S.Ct. 2395 , 115 L.Ed.2d 410 (1991) (holding that age is not a suspect classification under the Equal Protection Clause). Because section 958.04(l)(b) does not affect a fundamental fight - or suspect class, the rational basis test applies....

...The statute must be upheld if there is any conceivable state of facts or plausible reason to justify it, regardless of whether the Legislature actually relied on such facts or reason. McElrath v. Burley, 707 So.2d 836, 839 (Fla. 1st DCA 1998). The Legislature did not provide guidance when it amended section 958.04(l)(b)....

...m 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. Stat. (2008) (emphasis added). Section 958.04(l)(b) bears a rational relationship to the legitimate government objective of preventing the association between young offenders and older criminals. By requiring that a defendant be sentenced before the age of 21 in order to be eligible for youthful offender sentencing, section 958.04(l)(b) ensures that defendants entering the program are....

...ight.” Reno v. Flores, 507 U.S. 292, 302 , 113 S.Ct. 1439 , 123 L.Ed.2d 1 (1993). As discussed above, eligibility for youthful offender sentencing is not a fundamental right; instead, eligibility is at the discretion of the trial court. Therefore, section 958.04(l)(b) need only satisfy the rational basis test....

...Walker, 444 So.2d 1137, 1138-39 (Fla. 2d DCA), aff'd, 461 So.2d 108 (Fla.1984). The Youthful Offender statutes are the means to achieve the.State’s goal of providing rehabilitation ' to ■ young offenders and preventing association between young offenders and older criminals. Section 958.04(l)(b) as amended serves a legitimate state interest by ensuring that only those who are truly youthful are eligible for youthful offender sentencing. By restricting eligibility to those who are younger than 21 at the time of sentencing, the legislation guarantees that young offenders will not associate with older, more experienced offenders. For this reason, section 958.04(l)(b) does not violate due process. Jackson has’failed to demonstrate that section 958.04(l)(b), as amended, violates equal protection or due process....

...(mandating that a person who discharges a firearm in the commission of certain felonies “shall be sentenced to a minimum term of imprisonment of 20 years”). However, Moss sought sentencing as a youthful offender, which could have removed the mandatory twenty-year sentence, but is unavailable for life felonies. § 958.04(1) & (2), Fla....

...2d DCA 1996). Because the trial judge imposed an invalid departure sentence, the new sentence must be within the guidelines. If the court imposes another youthful offender sentence, the term must be within the statutory maximum for each offense. See § 958.04(2)(d), Fla....

...When the Pasco County circuit court accepted Mr. Lackey's plea and commenced a sentencing hearing in November of 2015, the defense indicated (and the State appeared to accept) that Mr. Lackey would likely qualify for a youthful offender designation pursuant to section 958.04, Florida Statutes (2015).1 Mr....

...Lackey in a separate criminal proceeding.2 The youthful offender designation in the Pinellas County proceeding effectively eliminated the ability of the Pasco County circuit court to apply the designation to the four charges that underlie this appeal. See § 958.04(1)(c); Christian v....

...As the court observed, the Pinellas County case designation deprived Mr. Lackey of what had likely 1Mr. Lackey was eighteen years old at the time of the offenses. As a youthful offender, he would have been subject to a maximum probation, community control, or prison sentence of six years. See § 958.04(2)(a)-(d). 2Mr....

...Because the record conclusively establishes the appellant's legal entitlement to relief, we reverse. The appellant has been designated a youthful offender for purposes of sentencing, has received court approval to attend boot camp, has successfully completed boot camp, and has been resentenced to probation pursuant to section 958.045(5)(c). Thus, upon violation of probation, the appellant could have been sentenced to no more than 364 days in jail under section 958.04(2)(b)....

...Tutson has appealed from an order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Tutson asserted that his constitutional rights were violated because he was arbitrarily not classified as a youthful offender pursuant to Section 958.04(3), Florida Statutes 1979....

...We find that remand is necessary because the record demonstrates that the trial court was mistakenly under the impression that it lacked discretion to sentence the appellant as a youthful offender. At sentencing, Bennett's counsel urged the trial court to sentence him as a youthful offender under section 958.04, Florida Statutes (2007), while the state requested a 15-year sentence with a 10-year mandatory minimum sentence under the 10/20/Life statute, section 775.087, Florida Statutes (2007)....

...He violated his probation in 1992 by committing new crimes. His probation was then revoked and he was sentenced to a term of fifteen years in prison. On appeal, Windom argues that his fifteen-year sentence is illegal due to the six-year cap on youthful offender sentences found in section 958.04(2)(a), Florida Statutes (1989), as it existed at the time he committed his offenses....

...felony and the defendant has *487 not been previously sentenced as a youthful offender. See Christian v. State, 84 So.3d 437, 441 (Fla. 5th DCA 2012). A sentence imposed under the Act is “[i]n lieu of other criminal penalties authorized by law.” § 958.04(2), Fla....

...These two statutory sections read together mean that, upon revoking the probation or community control supervision of a youthful offender for a substantive violation, the trial court has two choices. First, if an incarcerative sentence is still available under the cap provisions of section 958.04(2), the court may continue to sentence under the cap provisions....

...sing its discretion, dependent upon the circumstances of the case. Id. Thus, Goldwire explained that, upon a substantive violation, the trial court has discretion to sentence the defendant as a youthful offender (meaning within the cap provisions of section 958.04(2)) or to sentence in accordance with the statutory punishment for the offense regardless of the defendant’s youthful offender status (in Goldwire’s case, that meant a minimum mandatory sentence)....

...o later substantively • violates probation or community control. We hold, as we did in Goldwire , that upon a substantive violation of youthful offender supervision, the trial court has the discretion either to sentence under the cap provisions of section 958.04(2), Florida Statutes (assuming a term for a cap sentence is still available), or to impose any....

...le of Criminal Procedure 3.800(a). On appeal, Lee raises three grounds for relief, only one of which merits discussion: Lee alleges that the trial court was required, at the time of his sentencing, to classify him as a youthful offender, pursuant to section 958.04, Florida Statutes (1979). At the time of Lee's offense, there was no requirement that the trial court sentence him as a youthful offender, although, if he met the requirements of section 958.04(1), Florida Statutes (Supp....

...But the matter is not entirely free from doubt, and we certify the question as a matter of great public importance. On August 4, 1981, after pleading guilty to second degree murder, Lee was sentenced to 120 years in prison, well in excess of the maximum allowed if sentence had been pronounced under section 958.04, the youthful offender statute. In his motion, Lee alleges that, because the offense occurred on November 18, 1980, when he was seventeen years old, section 958.04 mandated that he be classified as a youthful offender. The motion relies specifically on section 958.04(2), Florida Statutes (1979)....

...As of October 1, 1980, however, the statute, which lists several criteria, was amended to require only that they "shall be considered in determining whether to classify as a youthful offender a person who meets the requirements of subsection (1)[.]" § 958.04(2), Fla. Stat. (Supp. 1980). The version of the statute which applied in Lee's case only mandates "consideration of the criteria contained in section 958.04(2), Florida Statutes (1981) ... when a person meets the requirements of section 958.04(1)." McNeil v....

...was ineligible for classification as a youthful offender because he was convicted of a life felony. In his motion, the defendant contends he met the criteria for classification as a youthful offender and should have been sentenced as such. However, section 958.04, Florida Statutes (1981), provides that "... no person who has been found *255 guilty of a capital or life felony may be classified as a youthful offender under this act." § 958.04(1)(c), Fla....

...The statutory language set out in the trial court's order was in effect at the time of the offense. We agree with the trial court's conclusion that, if Lee was convicted of a life felony, he was not eligible even to be considered for classification as a youthful offender. § 958.04(1)(c), Fla....

...THFUL OFFENDER IS COGNIZABLE UNDER RULE 3.800(A), FLORIDA RULES OF CRIMINAL PROCEDURE. ERVIN, MINER and BENTON, JJ., concur. NOTES [1] McNeil makes it clear that the statute in effect at the time of the offense should govern. [2] The 1981 version of section 958.04, Florida Statutes, is identical to the version in force at the time of appellant's offense....

...On June 23, 2004, Appellant pled guilty to three counts of sexual battery on a child under twelve by a person under eighteen years of age in violation of section 794.011(2)(b), Florida Statutes. The trial court sentenced him as a youthful offender under section 958.04, Florida Statutes, to two years of incarceration followed by four years of sex offender probation and also designated him a sexual predator....

...Appellant subsequently filed the instant rule 3.800(a) motion, asserting that the five-year sentences were illegal because, as a youthful offender who completed boot camp during his initial incarceration, he could be sentenced to no longer than 364 days in jail under the 2004 version of section 958.045(5)(c), which was in effect when he was originally sentenced. In his motion, Appellant specifically alleged that he met the requirements set forth in section 958.045....

...[1] He also asserted that he did not qualify for sexual predator designation. The trial court denied relief on both grounds. In denying Appellant's argument that he was illegally sentenced, the trial court ruled that the sentences were legal under section 958.045(5)(c), as amended in 2006. This legal ruling was erroneous because it violates the ex post facto clause of the Constitution. See Morrison v. State, 978 So.2d 284, 285 (Fla. 4th DCA 2008) (applying 2006 amendment of section 958.045(5)(c), Florida Statutes, to youthful offender originally sentenced under earlier version of statute upon revocation of probation following successful completion of boot camp, violated ex post facto clause of Constitution); see also Adderly v....

...cial in support. [2] If Appellant, in fact, successfully completed the boot camp program before the effective date of the amendment, then the sentences imposed were illegal, and he would be entitled to resentencing under the pre-amendment version of section 958.045(5)(c)....

...ction as any basis for its decision to impose adult sanctions"); see also Lee v. State, 679 So.2d 1158, 1160 (Fla.1996) ("[B]ecause the judge possessed the discretion to refuse to classify [defendant] as a youthful offender even if he had considered section 958.04, his failure to consider the statute does not make the sentence `illegal' under our interpretation of that term....

...In his motion, Dow acknowledges all of these statements. However, unlike Bermudez, the trial court in this case did not directly ask Dow about the ultimate question at issue in this appeal: Did counsel promise Dow that he would receive youthful offender sanctions? Section 958.04(2)(d), Florida Statutes (1997), indicates that the maximum incarcerative sentence for a youthful offender is six years....

...in each of his other cases. Again, the written judgments and sentences do not reflect treatment as a youthful offender. On September 15, 2008, the DOC recommended that Lamore serve his sentence as a youthful offender in boot camp as provided for by section 958.045, Florida Statutes (2005)....

...In support, he claimed that the version of the youthful offender statute in effect at the time of his original offenses limited the court — upon finding a defendant in violation of post-boot camp probation — to imposing “any sentence that it might have originally imposed as a condition of probation.” § 958.045(5)(c), Fla. Stat. (2005) (emphasis added). He further asserted that pursuant to section 958.04(2)(b), Florida Statutes (2005), this meant that his sentence “may not exceed 364 days.” Recognizing that an amendment to section 958.045(5)(c), effective July 1, 2006, authorized a court to “impose any sentence that it might have originally imposed,” thereby expanding the permissible sentence, La-more argued that the offenses for which he was sentenced were committ...

...Upon successfully completing boot camp on January 9, 2007, the defendant filed a motion for resentencing seeking release onto probation. Id. After holding that the defendant was entitled to this relief as a result of his successful completion of boot camp, the court made the following ambiguous statement: We note that section 958.045(5)(c), Florida Statutes, was amended effective July 1, 2006, and now provides that a youthful offender who violates the probationary term imposed following successful completion of the boot camp program may be sentenced, upon revocati...

...Barring a stipulation by Lamore to the contrary, 1 the seven cases for which Lamore successfully completed youthful offender boot camp-all of which arose from offenses occurring between December 2004 and July 2005-are governed by the pre-July 1, 2006, version of section 958.045(5)(c)....

...Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellant. Young T. Tindall of Rogers, Morris & Ziegler, Fort Lauderdale, for appellee. STONE, Judge. The defendant was sentenced as a youthful offender pursuant to section 958.04, Florida Statutes (1987), to a term below that recommended in the sentencing guidelines....

...The language on the scoresheet reflects the youthful offender sentence, but the state contends that additional clear and convincing reasons must be given for a downward departure. In State v. Diers, 532 So.2d 1271 (Fla. 1988), the supreme court determined that, under the 1985 version of section 958.04(3), written reasons for a downward departure were not required in a youthful offender sentence....

...4th DCA 2006), this court affirmed the denial of his earlier rule *950 3.850 motion, without prejudice to his right to file a timely and verified motion alleging whether he actually qualified for youthful offender sentencing, and addressing the criteria under section 958.04(1), Florida Statutes, relating to ground eight of his motion....

...948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld. Section 948.01, Florida Statutes (2005), is the statute that generally sets forth the *232 sentencing options of probation and community control. Blackburn points to section 958.04(2)(a), Florida Statutes (2005), which provides that "[i]n lieu of other criminal penalties authorized by law," a court may place a youthful offender "on probation or in a community control program, with or without adjudication of guilt...

...ection 784.08(3) concerning adjudication of guilt is one such penalty authorized by law. Had the legislature desired to require adjudication of youthful offenders, section 784.08(3) would have begun: "Notwithstanding the provisions of ss. 948.01 and 958.04....

...UKSCH, Judge. The order rendered September 7, 1983 is not in compliance with the opinion of this court issued June 23, 1983, 1 which required a hearing to determine if the petitioner was qualified to be sentenced under the Youthful Offender Statute, Section 958.04, Florida Statutes (1979)....

...We remand this case again, this time for a period of thirty days. The court is directed to hold a hearing with the defendant and his attorney present, to take evidence and make a complete record, and to decide whether the defendant meets the mandatory qualifications to be sentenced under Section 958.04(2), Florida Statutes (1979)....

...been attacked by the appellant before this court. The twelve (12) year prison sentence imposed upon such judgment of conviction is, however, reversed as the appellant was, without *179 dispute, qualified to be sentenced as a youthful offender under Section 958.04(2), Florida Statutes (1979), but was not so sentenced. Section 958.04(2), Florida Statutes (1979), is mandatory in nature and, therefore, requires that the appellant be sentenced in this case as a youthful offender....

...Crim. P. 3.800(b)(2)(B). 1 Parrish also argued that he should be sentenced as a youthful offender, but the State correctly responded that Parrish was not eligible for a youthful offender sentence because he was convicted of a life felony. See § 958.04(1)(c), Fla....

...The trial court could not impose a youthful offender sentence on one count, but not another, even as part of a plea agreement. Kahrs v. State, 816 So.2d 157 (Fla. 2d DCA 2002); Kelly v. State, 739 So.2d 1164 (Fla. 5th DCA 1999). Once the court declared him a youthful offender, pursuant to section 958.04(2)(e), Florida Statutes, the combined sentence could not exceed four years in prison followed by two years probation....

PER CURIAM. We choose to treat the petition for writ of mandamus as a petition for writ for common law certiorari. We grant the writ and remand for the trial court to exercise its jurisdiction to sentence petitioner to probation pursuant to section 958.04(4)(e), Florida Statutes (1989), subject to condi *46 tions of probation deemed appropriate by the sentencing judge....

...itioner on probation even after the sixty day limit of the rule. In any event, we hold that the sentence imposed can be modified because a trial court retains jurisdiction when it approves an offender’s participation in the basic training program. § 958.04(4)(c) and (e), Fla.Stat. (1989). This opinion is without prejudice to the State to raise the issue of the constitutionality of section 958.04(4)(e)....

...Polin, Chief Assistant Attorney General, for appellee. Before LOGUE, C.J., and LINDSEY, and BOKOR, JJ. PER CURIAM.  Affirmed. See Tutson v. State, 453 So. 2d 497 (Fla. 1st DCA 1984); (holding that offenders are not entitled to sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1979), for offenses committed prior to its effective date); see also State v....

...4th DCA 1980). We affirm. At the original sentencing, the judge ruled over the State’s objection that the sentencing provisions of the Youthful Offender Act, Section 958.05, Florida Statutes (1979), were mandatory since defendant met the criteria under Section 958.04(2), Florida Statutes (1979)....

...is provided by law. We have distinguished this Court’s decision in Pahud and limit it to its context. The sentences herein are, therefore, affirmed. AFFIRMED. GLICKSTEIN and HURLEY, JJ., concur. . The Youthful Offender Act formerly provided under Section 958.04(2) that if defendant met certain criteria he “shall be classified a youthful offender." This has been interpreted as directory. Evans v. State, 398 So.2d 1018 (Fla. 5th DCA 1981); Goodson v. State, 392 So.2d *1365 1335 (Fla. 1st DCA 1980). Section 958.04 was rewritten effective October 1, 1980, eliminating the mandatory language....

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

...“resentenced” to five years on the false imprisonment offense and to life imprisonment on the armed burglary offense and he appeals those sentences. Prior to a 1985 amendment (Chapter 85-288, section 20, Laws of Florida), section 958.05(2) (now 958.04(2)) of the Youthful Offender Act provided that after a court classified a person as a youthful offender the court could commit the youthful offender to imprisonment for a period not to exceed six years but required the court to specify a perio...

...er sentence is a true split sentence rather than a probationary split sentence. 4 Several district courts of appeal addressed the first two of these enumerated ambiguities and unanimously held that section 958.05(2) of the Youthful Offender Act (now section 958.04(2)) limited incarceration to a four year maximum period and that limitation applied to sentencing after a revocation of probation....

...SUCH TO A PROBATIONARY SPLIT SENTENCE AND THEREAFTER VIOLATED PROBATION HE MAY BE “RESEN-TENCED” TO CONFINEMENT FOR THE MAXIMUM STATUTORY PERIOD FOR THE OFFENSE INVOLVED WITHOUT LIMITATION TO THE FOUR YEAR PROVISION OF THE YOUTHFUL OFFENDER ACT (SECTION 958.04(2)(c) and (d), FLORIDA STATUTES), CONTRARY TO THE HOLDINGS IN BROWN v....

...d classification as a youthful offender pursuant to Chapter 958, Florida Statutes. We agree that appellant was entitled to youthful offender classification. Classification as a youthful offender is mandatory when a juvenile meets the requirements of § 958.04(1) and (2)....

...youthful offender classification only when the juvenile has been adjudicated delinquent for an offense which would be a first degree, or more serious, felony if committed by an adult. The present case involves a prior offense of a lesser degree, and § 958.04(2)(b) is thus inapplicable. While § 958.04(2)(a) requires also that the offender has “not previously been found guilty of a felony” without qualification as to degree, we conclude that this provision clearly does not refer to proceedings in juvenile court because to so construe it would render § 958.04(2)(b) entirely superfluous, a nullity....

...lassified and sentenced pursuant to Chapter 958. See Goodson v. State, supra. The sentence imposed is accordingly reversed and the cause remanded for resentencing. SHAW and WENTWORTH, JJ„ and WILLIAM C. OWEN, Jr. (Ret.), Associate Judge, concur. . 958.04 Eligibility for youthful offender; classification.— (1) The court may classify 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 p...

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

...We reverse as to the third ground, filed pursuant to rule 3.850, in which Rivera *331 alleged that his attorney misadvised him that he did not qualify for sentencing as a youthful offender, apparently because one or more of his offenses were life felonies. See § 958.04(1)(c), Fla....

PER CURIAM. We reverse the summary denial of appellant’s rule 3.800(a) motion for postcon-viction relief and remand the case for the trial court to resentence appellant in conformity with section 958.04(2)(c) of the Florida Statutes (1999)....

...In 2008, the legislature amended the youthful offender statute. Ch.2008-250, § 7, Laws of Fla. Previously, the statute permitted a court to impose a youthful offender sentence if the crime was “committed before the defendant’s 21st birthday.” § 958.04(l)(b), Fla. Stat. (2007) (emphasis supplied). After the change, the statute permits a court to impose a youthful offender sentence “if the offender is younger than 21 years of age at the time sentence is imposed.” § 958.04(l)(b), Fla....

...Therefore, if the trial court records do not refute Papinc-hak’s claim, he is entitled to have his judgment and sentence corrected to reflect that his sentence is a youthful offender sentence. We also recognize that Papinchak’s four-year prison sentence was imposed as a condition of probation in violation of section 958.04(2)(b), which allows the trial court to impose a sentence of incarceration as a condition of probation but limits such sentence to 364 days to be served in a county facility, a department probation and restitution center, or a community residential facility....

...Joshua David Sloan appeals the final judgment adjudicating him guilty of DUI manslaughter pursuant to section 316.193(3), Florida Statutes (2002). He argues the trial court erred in concluding it did not have discretion under the youthful offender statute to withhold adjudication. We agree and reverse. Section 958.04, Florida Statutes (2002), “Judicial disposition of youthful offenders,” provides: (2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the...

...Rather, the state’s admission that at some point, appellant’s original five-year sentence was modified to probation lends some credence to appellant’s claim that he was sentenced initially as a youthful offender. We reach this view through reference to section 958.04(4)(e), Florida Statutes, cited in appellant’s memorandum of law. Section 958.04(4)(e), provides in pertinent part: Upon the offender’s completion of the basic training program, the department shall submit a report to the court that describes the offender’s performance....

...The sentencing guideline seoresheet attached to appellant’s rule 3.850 motion indicates that at his initial sentencing, appellant was sixteen years of age, making him a likely candidate for a youthful offender sentence. It was within the trial court’s discretion to sentence appellant as a youthful offender. See § 958.04(1), Fla.Stat....

...nal case must be disposed of in accordance with the sentencing alternatives enumerated in section 958.-04(2)(a)-(d). Specifically, a youthful offender may be committed to the custody of the Department of Corrections (DOC) for no more than six years. § 958.04(2)(d), Fla....

...s sentence. But Mr. Blaxton was 1 After completion of boot camp, upon a violation of probation a "court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation." § 958.045(5)(c), Fla. Stat. (1997). While section 958.04(2)(b) provides that a period of incarceration of up to 364 days may be imposed as a condition of probation, probation cannot be a “condition of probation.” Thus upon revocation of probation a sentence of incarceration cannot be followed by a further probationary term....

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

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

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

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

...Second, their pleas were not the same. Smith pleaded to two counts of armed robbery and two counts of kidnapping. Third, Smith was eligible for and received a youthful offender sentence because she was seventeen years old at the time of the offense. § 958.04, Fla....

...At the time of his order, the trial judge did not have the benefit of the Florida Supreme Court decision in State v. Goodson, 403 So.2d 1337 , (Fla.1981), in which the court held that an indictment is the equivalent of a transfer to the criminal division of the circuit court for purposes of Section 958.04(1)(a)....

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

...ustody of the Department of Corrections. The defendant is hereby committed to the custody of the Sheriff of County, Florida The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check one; unmarked sections are inapplicable): For a term of natural life. - 28 -  For a term of ....

...In his second issue, Urban contends the trial court applied the wrong version of Florida’s Youthful Offender Act at sentencing. The State concedes error on this point. On the date of Urban’s offenses, September 27, 2008, a trial court could impose a youthful offender sentence under section 958.04(l)(b), Florida Statutes, if the defendant committed the crime before his 21st birthday. On October 1, 2008, section 958.04(l)(b) was amended to require the *1114 defendant to be under the age of 21 at the time of sentencing....

...Second, because Stewart’s convictions were for two first-degree felonies and one third-degree felony, rather than for any life felony or capital felony, the court incorrectly concluded .that it had no discretion to impose a youthful offender sentence based on the nature of the charges in this case. * See § 958.04, Fla....

...The driver of the car, who had gotten out to look for his friend, looked back and saw what was happening. He ran to the car, and managed to reach in and put the car in neutral. The driver then began struggling with Appellant’s 1 See § 921.0026(2)(l); § 958.04, Fla....

...In other words, the trial judge indicated that he would not ordinarily impose a youthful offender sentence in shooting 5 cases as a general policy, even though the legislature has not adopted such a policy in the statute governing youthful offender sentencing. See § 958.04, Fla....

...udge. Appellant pled guilty to the offense of robbery in violation of section 812.13(2)(c), Florida Statutes (1979). Although the pre-sentence investigation indicated that appellant met the statutory criteria of a youthful offender as established in section 958.04, Florida Statutes (1979), the trial judge refused appellant’s request to be sentenced under that statute and sentenced appellant to ten years imprisonment with credit for time previously served....

PER CURIAM. AFFIRMED. See § 958.04(2)(d), Fla....

...The alternatives under the youthful offender statute include more than probation or community control. They can include commitment to the Department of Corrections in a youthful offender program for the same period of time as the maximum period of incarceration for the offense but not more than six years. § 958.04(2)(d), Fla....

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

...ty control. This sentence exceeds the maximum allowed by law. Pursuant to the Youthful Offender Act, the “period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed 6 years.” § 958.04(2)(c), Fla....

...Appellant Tittle also appeals the sentence entered against him following his plea of guilty to the additional charge of aggravated battery. Each appellant contends that the trial judge erred in refusing to sentence him as a youthful offender under Section 958.04, Florida Statutes (1979). We affirm as to appellant Tittle and reverse as to appellants White and Vickers. Section 958.04(l)(c) provides in part that “no person who has been found guilty of a capital or life felony may be classified [as] a youthful offender ....

...Accordingly, the trial judge erred in refusing to treat appellants White and Vickers as youthful offenders. Our reversal does not apply to appellant Tittle. A defendant does not qualify for youthful offender treatment under the mandatory provisions of that act if he had been “previously found guilty of a felony.” 958.04(2)(a), Florida Statutes (1979)....

...The state appeals an order sentencing Lezcano as a youthful offender. We affirm. Lezcano, a nineteen-year-old, was charged with third-degree grand theft, possession of burglary tools, and robbery. He agreed to plead nolo contendere under a youthful offender program pursuant to section 958.04(l)(b), Florida Statutes (1989). 1 The state objected to the plea at the sentencing hearing, arguing that Lezcano had previously been treated as a youthful offender and was, therefore, precluded from receiving this treatment a second time. See § 958.04(l)(c), Fla.Stat....

...It does so by providing a sentencing alternative “that is more stringent than the juvenile system and less harsh than the adult system.” Allen v. State, 526 So.2d 69, 70 (Fla.1988). The Act states that the courts have the power to “adjudicate” and “sentence” individuals as youthful offenders, §§ 958.03(5), 958.04(1), 958.07, 958.11(2), 958.13, Fla.Stat....

...(1989), while the Department of Corrections can “classify” individuals as youthful offenders. Id. The consequences of an adjudication differ from that of a departmental classification. When a court adjudicates an individual as a youthful offender, he must be sentenced under the provisions of section 958.04(2). This affects not only how an individual is treated by the Department of Corrections, see 958.04(4) et seq., but also the length of custody....

...In recent years, due largely to the passage of sentencing guidelines, we have witnessed the gradual erosion of judicial discretion in sentencing matters. Therefore, when this limited discretion is properly exercised, we should not curtail it. Accordingly, we hold that the trial court acted in accordance with section 958.04 when adjudicating and sentencing Lezeano as a youthful offender. Our disposition of this issue renders the remaining issues on appeal moot. Affirmed. . The statute provides: 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 c...

...s 21st birthday; and (c)Who has not previously been classified as a youthful offender under the provisions of the act; however, no person who has been found guilty of a capital or life felony may be sentenced as a youthful offender under this act. . Section 958.04(2) provides that: 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: (c) The court may impose a split sentence whe...

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

...Appellant was sentenced as a youthful offender to five years in prison and one year of probation. In his rule 3.800(a) motion to correct sentence, he argues that the incarcerative portion exceeds the statutory maximum of four years of imprisonment provided by section 958.04(2)(c), Florida Statutes (2000)....

...a specific set of facts — to impose a particular sentence, then the sentence will not be illegal within rule 3.800(a) even though the judge erred in imposing it.” (quoting Blakley v. State, 746 So.2d 1182, 1186-87 (Fla. 4th DCA 1999)). Although section 958.04(2)(d) provides that the trial court “may commit the youthful offender to the custody of the department [of corrections] for a period of not more than 6 years,” subsection 2(c) *885 limits the incarcerative portion of a split sentence to four years....

PER CURIAM. Defendant appeals his sentence of 15 years in prison based on a conviction of aggravated battery. In sentencing defendant, the trial court ruled that application of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), was discretionary....

...Appellant asked the district court to certify a similar question, but unlike in Goodson to specify that the convictions arose from the same criminal episode. The district court denied the request and certified the question as follows: *1113 P> a person excluded from mandatory classification under section 958.04(2)(a), Florida Statutes (Supp.1978), when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies? 393 So.2d at 561 ....

PER CURIAM. Affirmed. Postell v. State, 383 So.2d 1159 (Fla. 3d DCA 1980). See also, Youthful Offenders Act, Ch. 80-321, § 1, 1980, Fla. Session Law Serv. 1471 (West) (to be codified as § 958.04, Fla.Stat....

...utes. _The defendant is hereby committed to the custody of the Department of Corrections. *493 _The defendant is hereby committed to the custody of the Sheriff of_County, Florida. _The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes....

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

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

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

...after he admitted to violating his community control in two separate cases. On May 6, 2014, he entered negotiated guilty pleas in each case to be sentenced as a youthful offender to concurrent terms of community control followed by probation. See § 958.04, Fla....

...We agree with the appellant’s contention that the sentences imposed upon him exceeded the maximum allowed by law. The trial court sentenced the appellant pursuant to the Youthful Offender Act, section 958.011 et seq., Florida Statutes (1987). Under section 958.04(2)(c), Florida Statute (1987), the maximum sentence that may be imposed is a period of incarceration for a term not exceeding four years followed by two years of community control....

...By imposing two consecutive periods of community control following the sentence for robbery with a deadly weapon, the appellant was sentenced to serve a total of ten years. This sentence exceeded the statutory maximum allowed in youthful offender sentencing. § 958.04(2)(c); Walls ....

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

STEVENSON, Judge. The State of Florida argues and the defendant below concedes that the trial court erred in sentencing defendant as a youthful offender where defendant was over the age of 21 when the offenses were committed. See § 958.04(1), Fla.Stat....

...On the same date, Johnson was sentenced to a term of ten years’ imprisonment for a new second-degree felony offense of burglary. When a defendant has been declared to be a youthful offender, the sentence to be imposed, including incarceration and community control or probation, is limited to a term of six years. See § 958.04, Fla....

..._ The ©defendant is hereby committed to the custody of the Sheriff of _County, Florida. (Name of local corrections authority to be inserted at printingr-if- other than Sheriff) ___ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes....

...Florida Parole & Probation Commission, 396 So.2d 1107, 1108 (Fla.1980). The state’s interpretation of section 39.-02(5)(c)3. would preclude sentencing under chapter 958 for first degree felonies. This interpretation would put the section in direct conflict with section 958.04(l)(b)-(c)....

...f a crime punishable by life imprisonment must be sentenced as an adult. Adult sanctions, however, include sentencing under the Youthful Offender Act. Cain . Thus, such a child could be sentenced as a youthful offender if the eligibility criteria of section 958.04(1) are met. On the other hand, pursuant to the second sentence of section 39.02(5)(c) 3., a child convicted of a lesser offense may be sentenced as either a juvenile, an adult, or as a youthful offender without regard to the eligibility requirements of section 958.04(1)....

...Thus, the reason the second sentence of section 39.-02(5)(c) 3. spells out the youthful offender sanction separately from the adult sanction is to distinguish the former from its normal incorporation into adult sentencing where the eligibility criteria of section 958.04(1) must be met....

...(1981), the notation on the judgment indicating the degree of the crime was a second degree felony ("2F") must be deemed a clerical error. . The state has not suggested that the defendant is not eligible for classification as a youthful offender. The criteria for eligibility is set forth in section 958.04(1), Florida Statutes (1981). The defendant is deemed to have been "transferred” to the criminal division of the circuit court pursuant to chapter 39 of the Florida Statutes when he was indicted. § 958.04(l)(a), Fla.Stat. (1981). See State v. Goodson, 403 So.2d at 1339 . He was convicted of committing a felony of the first degree when he was fifteen years of age. § 958.04(l)(b), Fla.Stat....

...812.13(2)(a), Fla.Stat. (1981), the legislature has specifically classified the offense as a first degree felony, id., and not a "life felony.” Accordingly, the defendant is not precluded from eligibility for youthful offender classification under section 958.04(l)(c) which excludes those convicted of a capital or life felony. See Hill v. State, 434 So.2d 974 (Fla. 5th DCA 1983). Further, the record does not indicate that the defendant has previously been classified as a youthful offender. § 958.04(l)(c), Fla.Stat....

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

...Graham of Reinman, Harrell, Silberhorn, Moule & Boyd, P.A., Melbourne, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee. DAUKSCH, Chief Judge. This is an appeal from a sentence. The appellant meets all of the requirements of section 958.04, Florida Statutes (1979), and is thus entitled to be sentenced as a youthful offender under that statute....

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

...counts, followed by two years’ probation. The sentences were to be served concurrently and boot camp was recommended by the court. In conjunction with the successful completion of boot camp, Cluck filed a motion to modify his sentences pursuant to section 958.04(4)(e), Florida Statutes (Supp.1994)....

...r seventy-two months of imprisonment for each count. The relevant provision of the applicable youthful offender statute instructs that an offender who satisfactorily completes the basic training program shall have his sentence modified to probation. § 958.04(4)(e), Fla. Stat. (Supp.1994). Upon violation of probation, “the court may revoke probation and impose any sentence which it might have originally imposed.” § 958.04(4)(e), Fla. Stat. (Supp. 1994). 2 However, the provisions of section 958.04 cannot be used to impose a greater sentence than the maximum recommended range, as established by statewide sentencing guidelines, unless the trial court gives written reasons which justify the departure. § 958.04(3), Fla....

...esumably because he was incarcerated elsewhere-the record provided to this court contains a notation that he was in custody in Douglasville, Georgia, for simple battery and that he would not be extradited. . Effective July 1, 1995, subsection (4) of section 958.04, Florida Statutes, was repealed. Ch. 94-209, § 101, at 1335, Laws of Fla. In conjunction with that repeal, the legislature added section 958.045, Florida Statutes. Ch. 94-209, § 100, at 1332-35, Laws of Fla. It appears that section 958.045(5)(c) limits sentences imposed in cases such as the present to no more than 364 days in a specified facility. Bloodworth v. State, 769 So.2d 1117, 1118 (Fla. 2d DCA 2000). However, Cluck committed his original offenses in January 1995 prior to the effective date of this repeal and the addition of section 958.045....

...even after remand the identical sentence can be imposed." We conclude that the concurrent six-year sentences McKee received in the remaining two cases are illegal because they violate the five-year statutory maximum for third-degree felonies. While section 958.04(2)(d), Florida Statutes, of the Florida Youthful Offender Act allows commitment for a period of not more than six years, it only allows such a sentence "provided that any such commitment shall not exceed the maximum sentence for the of...

...onviction. In Nguyen v. State, 566 So.2d 368 (Fla. 5th DCA 1990), in circumstances similar to the instant case, we reversed concurrent sentences of four years incarceration followed by two years supervision for two third-degree felonies, in light of section 958.04(2)(d)....

PER CURIAM. Appellant, who was sentenced as a youthful offender as a result of violating her probation was given a departure sentence of four years in prison with no written reasons ' for the departure. We agree that section 958.04(3), Florida Statutes (1995) requires written reasons for a departure sentence under these circumstances. We reject the state’s argument that this sentence was permissible under section 958.04(2)(d) or section 958.14, Florida Statutes....

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

...The parties did not agree to a specific sentence at the time Rolle entered his plea of no contest. Rolle’s attorney indicated to the court that he was going to move for sentencing as a youthful offender, which, if the court chose to sentence Rolle as a youthful offender,. would limit the sentence to six years. See § 958.04, Fla....

...s you be treated as a youthful offender.” This recommendation was also included in the written sentence. McGlocking contends on appeal that the court erred when it “sentenced” him as a youthful offender to a term in excess of that permitted by section 958.04, Florida Statutes....

...We must decide whether a recommendation to the Department of Corrections that the prisoner be accorded “youthful offender treatment” is the same as being sentenced as a youthful offender. We conclude that it is not and affirm the judge. It appears to us that the judge was aware of the sentencing limitations contained in section 958.04 and elected, because of the seri *1176 ousness of the charges against the defendant, to sentence him in accordance with the guidelines....

KELLY, Judge. Darrius Trenton Lewis appeals from the order revoking his youthful offender probation and from the sentence imposed upon him following the revocation of his probation. Lewis was sentenced as a youthful offender under section 958.04, Florida Statutes (2010), to probation for grand theft of a motor vehicle, robbery with a weapon, and burglary of an unoccupied conveyance....

...Cooper , 43 Fla. L. Weekly S508 , 2018 WL 5116564 (Fla. Oct. 19, 2018). Upon reconsideration, we issue the following opinion. In 2009, Cooper was charged with aggravated battery, a second-degree felony, and was sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender to a maximum incarceration period of six years. See § 958.04(2)....

...Cooper , 43 Fla. L. Weekly S508 , 2018 WL 5116564 (Fla. Oct. 19, 2018). Upon reconsideration, we issue the following opinion. In 2009, Cooper was charged with aggravated battery, a second-degree felony, and was sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender to a maximum incarceration period of six years. See § 958.04(2)....

...ED MANSLAUGHTER, a lesser included offense as contained in the Information. ...” The court, on August 11, 1980, imposed judgment pursuant to the verdict and sentenced appellant under Section 958.-05(2), Florida Statutes (1979), after finding under Section 958.04(2), Florida Statutes (1979), that it was required to treat appellant as a youthful offender....

...State, 206 So.2d 377 (Fla.1968) and was not error. See Thomas v. State, 406 So.2d 538 (Fla. 4th DCA 1981). At the time of sentencing, appellant’s request for classification as a youthful offender was denied. It would appear that in denying the motion the trial court construed Section 958.04(2), Florida Statutes as being directory rather than mandatory in the classification of a defendant as a youthful offender....

PER CURIAM. Affirmed. § 958.04(l)(c), Fla....

...2nd DCA 1981) [1981 FLW 124], We also find that under the circumstances presented here, Miller was not precluded from youthful offender treatment on each sentence despite language in the Act that a defendant is ineligible if he has “previously been classified a youthful offender under the provisions of this act.” Section 958.04(l)(c) Fla.Stat....

...Goodson, 403 So.2d 1337, 1340 (Fla.1981) spoke to this when they said: [T]he existence of two or more contemporaneous felony convictions does not preclude a defendant from being classified as a youthful offender, it merely excludes him from mandatory classification as such. See Sec. 958.04(3) F.S....

...twelve-to-thirty-months incarceration or community control. The trial court stated that, for rehabilitation of appellant’s attitude, the court was going to depart from the recommended range and sentence appellant as a youthful offender pursuant to section 958.04, Florida Statutes (1983)....

...iate sanction. In fact, because of his youth, the respondent may be eligible for the lenient treatment afforded under Section 39.111(6), Florida Statutes (1979) (providing for sentencing as a child even though convicted in the criminal division) and Section 958.04, Florida Statutes (1979) (the Youthful Offender Act)....

...wide sentencing guidelines pursuant to s. 921.001 unless clear and convincing reasons are explained in writing by the trial court judge. A sentence imposed outside of such guidelines shall be subject to appeal by the defendant pursuant to s. 924.06. § 958.04(3), Fla.Stat....

...al and adding a reference to 924.07, the statute which provides for state criminal appeals. Thus, the last sentence of 958.-04(3) now reads: A sentence imposed outside of such guidelines shall be subject to appeal pursuant to s. 924.06 or s. 924.07. § 958.04(3), Fla.Stat....

...The courts should give appropriate effect to the amendment.”) (footnotes omitted). But it is also clear that, if written reasons are not necessary to justify a departure, as they are in every other such case, merely because the sentence is imposed under the Y.O.A., the right now conferred by the 1987 amendment to 958.04(3) would be an entirely illusory and futile one....

...shall provide that any sentences imposed outside the range recommended by the guidelines be explained in writing by the trial court judge. By a process of successive cross references and incorporation, therefore, the right of appeal now contained in 958.04(3) includes a right to review a failure to comply with the requirement that written reasons justify a departure....

...924.07 Appeal by state.— (1) The state may appeal from: ****** (i) A sentence imposed outside the range recommended by the guidelines authorized by s. 921.001. § 924.07(l)(i), Fla.Stat. (1989). . The effect of this holding is that the 1987 amendment to § 958.04(3) reinstated the rule in effect between 1984 and 1985, under which the guidelines are not displaced by statutory sentencing alternatives, including the Y.O.A....

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

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

...rsuant to § 812.13(2)(a), Fla. Stat.(1979), precluded youthful offender treatment. In Goodson v. State, 392 So.2d 1335, 1336 (Fla. 1st DCA 1980), this court held that classification as a youthful offender is mandatory if the criteria set forth in §§ 958.04(1) and (2), Fla. Stat., are met. [*] Additionally, the trial court relied upon § 958.04(1)(c), Fla....

...a youthful offender. The trial court's Order is reversed, and this cause is remanded for proceedings consistent with this opinion. SHAW, WENTWORTH and THOMPSON, JJ., concur. NOTES [*] The holding in Goodson was premised upon the actual language in §§ 958.04(1) and (2), Fla. Stat.(1979). In 1980, that language was amended so as to make youthful offender classification a discretionary matter in all circumstances. See § 958.04, Fla....

...considered seeking a youthful offender sentence for Mr. Wilhelm, but didn’t correctly account for his age and that the window to seek the mitigated sentence expired just a few months after the charges were filed when Mr. Wilhelm turned twenty-one. See § 958.04(1)(b), Fla....

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

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

...to approximately eight years in prison for each count of the first four cases and to five years for the new charge. In the instant rule 3.800(a) motion, Defendant argued his sentences imposed on violation of probation (VOP) were illegal pursuant to 958.045(5)(e), Florida Statutes (2004), because, upon VOP after successful completion of the department’s boot camp, the court was limited to sentencing him to no more than 364 days....

...e first four case numbers. The order reflects that after sentencing, Defendant successfully participated in the department’s youthful offender program and met the requirements for modification of sentence and for placement on probation pursuant to section 958.045(5)(c) [which concerns the department’s basic training program — commonly known as “boot camp”]....

...or completion of a boot camp program or the mitigated sentences. It did not address Defendant’s Exhibit A. *817 Defendant’s claim is a cognizable claim of illegal sentence. E.g., Davis; Morrison; Thomas. Pursuant to the 2004 version of sections 958.04(2)(b) 1 and 958.045(5)(c), 2 Florida Statutes, if a youthful offender successfully completes boot camp and then violates probation, the trial court may impose a term of incarceration that does not exceed 364 days. Effective July 1, 2006, section 958.045(5)(c) now provides that a youthful offender who violates probation following successful completion of the boot camp program may be sentenced, on revocation of the probation, to any sentence that could have been imposed originally....

...and confront witnesses, and to contest and appeal any order entered by the court modifying his sentence. This document does not waive his right to be sentenced, in the event of a subsequent VOP, pursuant to the applicable (2004) version of sections 958.04(2)(b) & 958.045(5)(c), Florida Statutes, and nothing else attached to the state’s response indicated that Defendant did so....

...elease as early as some time in August 2018. For that reason, we direct the trial court to undertake proceedings on this matter expeditiously. Reversed and Remanded for further, and expeditious, proceedings. TAYLOR, GERBER and CONNER, JJ., concur. . Section 958.04 concerns the disposition of youthful offenders....

...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 shall not exceed 364 days. § 958.04(2)(b), Fla. Stat. (2004) (emphasis added). . Section 958.045 concerns the department's basic training program for youthful offenders, known as "boot camp.” The subsection in question, in the 2004 version, provides as follows: The portion of the sentence served prior to placement in the basic training program may not be counted toward program completion....

...The term of probation may include placement in a community residential program. If the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation. § 958.045(5)(c) (emphasis added).

...om the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on post-judgment appeal. See Citizens Prop. Ins. Corp. v. San Perdido Ass’n, Inc., 104 So.3d 344, 351 (Fla.2012). Section 958.04(2)(b), Florida Statutes, provides, in part, that: 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 *44 restitution center, or a community residential facility that is owned and operated by any public or private entity providing such services... § 958.04(2)(b), Fla....

...State, 113 So.3d 950 (Fla. 5th DCA 2013) (“It is improper, whether the sentence is pursuant to the Florida Youthful Offender Act or otherwise, to withhold adjudication of guilt when sentencing a defendant to the Department of Corrections.”). In addition, section 958.04(2)(b) provides that “[placement in such a facility or center may not exceed 364 days.” Mr....

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

...unced and must be stricken. Reiter . All other aspects of the challenged probation conditions are affirmed because no oral pronouncement was necessary; the defendant was put on notice of those requirements by section 948.09, Florida Statutes (1995), section 958.04, Florida Statutes (1993), or Form 3.986, Florida Rules of Criminal Procedure....

...Redden's claim below was simple. He alleged that he was eighteen years old at the time of the crime. He pled no contest and was sentenced to twelve years in prison. His counsel knew his age, but failed to tell him about the possibility of a youthful offender disposition under section 958.04, Florida Statutes (2018)....

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

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

...Windham was born on May 6, 1987, and was nineteen years old at the time he committed the offense, a third degree felony, on July 6, 2006. If Windham has not previously been classified as a youthful offender, it appears that he would have qualified for a youthful offender sentence. See § 958.04(1), Fla....

...State, 888 So.2d 732 (Fla. 5th DCA 2004) (Torpy, J., concurring specially). NOTES [1] § 775.087(2)(a), Fla. Stat. (2008). [2] The statute later excludes defendants found guilty of capital or life felonies from consideration for youthful offender sentencing. § 958.04(1)(c), Fla....

...He claims this was an illegal sentence under Florida’s Youthful Offender Act because the supervisory portion of his split sentence should have been limited to two years. We conclude the sentence complies with the version of the Youthful Offender Act in effect at the time appellant’s offenses were committed. Section 958.04(2)(c), Florida Statutes (1991), limits the supervisory portion of a split sentence to five years, with a total sanction, incarceration plus supervision, of six years....

...The defendant is hereby committed to the custody of the Department of Corrections. The defendant is hereby committed to the custody of the Sheriff of County, Florida The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check one; unmarked sections are inapplicable): For a term of natural life. For a term of . Said SENTENCE SUSPENDED for a period of subject...

...On the authority of Fuller , we grant rehearing, withdraw our previous decision, and substitute the following in its place. Mr. Holbert appeals his sentence which was imposed upon his conviction for violating his probation, arguing that he was entitled to be sentenced as a youthful of *1058 fender under section 958.04 of the Florida Statutes (1997)....

...II Under the Youthful Offender Act, a trial court may sentence certain individuals between the ages of eighteen and twenty-one as youthful offenders, which limits the combined total period of incarceration and probation to six years. § 958.04(1), (2)(c), Fla. Stat....

...Before LINDSEY, MILLER, and GOODEN, JJ. PER CURIAM.  Affirmed. See Beatrice v. State, 832 So. 2d 972, 973 (Fla. 4th DCA 2003) (“Our youthful offender statute provides that no one who has been found guilty of a life felony can be sentenced as a youthful offender. § 958.04(1)(c)....

...The defendant is hereby committed to the custody of the Department of Corrections. . The defendant is hereby committed to the custody of the Sheriff of County, Florida . The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check one; unmarked sections are inapplicable): ....

...ot entitled to jail credit on the charge where bond had not technically been revoked. The trial court overruled the State's objection. On appeal, the State argues only that the sentence could not be imposed as a youthful offender sentence. We agree. Section 958.04, Florida Statutes (2006), permits a trial court to sentence a defendant as a youthful offender if the crime was committed before the defendant turns twenty-one years old and the defendant otherwise meets the statutory requirements....

...or possession of cocaine, a third degree felony. See Henderson v. State, 720 So.2d 1121, 1122 (Fla. 4th DCA 1998)(even with a defendant's assent, the court is without jurisdiction to impose a sentence in excess of the statutory maximum). Pursuant to section 958.04(2)(c), Florida Statutes (1997), the total term of incarceration and probation that a court may impose on a defendant designated as a youthful offender is six years. Section 958.04(2)(c) and (d), provides the following, in relevant part: (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...

...sel’s request was reasonable. If Carey had been convicted of sec- ond-degree murder with the firearm enhancement and reclassifica- tion, that life felony conviction would have made him ineligible for youthful-offender consideration. See FLA. STAT. § 958.04(1)(c). Carey again relies on hindsight to argue that because the jury convicted him of second-degree murder and robbery instead of greater offenses, the prosecution must have failed to prove be- yond...

...tencing documents do not mention O’Neal’s youthfid offender status. As a result, at the violation of probation hearing, the presiding judge was unaware that O’Neal was so classified and imposed a sentence in excess of the six-year maximum. See § 958.04(2)(c), Fla.Stat....

...General, Daytona Beach, for Appellee. PER CURIAM. Demetrius Carter Cooper appeals the denial of a “Motion to Correct Illegal Sentence.” In 2009, Cooper was charged with aggravated battery, a second-degree felony, and was sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender to a maximum incarceration period of 6 years. See id. § 958.04(2)....

...We explained that Florida’s minimum mandatory statutes did not apply to a sentence imposed on a youthful offender because a youthful offender sentence is “[i]n lieu of other criminal penalties authorized by law.” Id. (quoting Mendez v. State, 835 So. 2d 348, 349 (Fla. 4th DCA 2003); § 958.04(2), Fla....

...construction at its heart. The sentencing options for youthful offenders are limited. Section 948.06 does not, on its face, alter the sentence that the court “might have originally imposed” on a youthful offender. When read together, sections 958.04, 948.06, and 958.14 permit the trial court to sentence a youthful 4 offender who substantively violates probation or community control to a prison sentence in excess of 6 years but do not allow...

...We agree with Inman’s argument on appeal that because the trial court elected a youthful offender sanction, the fine was not authorized. The youthful offender statute specifically states that the penalty authorized therein is “[i]n lieu of other criminal penalties authorized by law.” § 958.04(2), Fla....

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

...Following a jury trial, Ronald Green was sentenced to fifteen years in the State Penitentiary on a charge of aggravated battery. The only point on appeal is Green’s complaint that the trial court erred in not sentencing him under the provisions of Section 958.04, Florida Statutes (Supp.1978), the Florida Youthful Offender Act....

...This cause is before us on appeal from a judgment of conviction for burglary and the sentence imposed of five years. Appellant, tried jointly with his brother, Ernest, contends the trial court erred in denying his motion to sever defendants and by failing to classify him as a youthful offender pursuant to Section 958.04(2), Florida Statutes (Supp.1978)....

...However, from the record now before us, it appears that the court erred in failing to sentence appellant pursuant to the Youthful Offender Act. In Goodson v. State, 392 So.2d 1335 (Fla. 1st DCA 1980), we held that classification as a youthful offender is mandatory if the criteria set forth in Sections 958.04(1) and (2) are met....

...EL S. PEARSON, Judge. The trial court’s denial of Evans’ claim for relief under Rule 3.850 is affirmed. Evans’ claim that he was entitled to be man-datorily classified and sentenced as a youthful offender under the then applicable provision of Section 958.04(2), Florida Statutes (Supp.1978), see Stancil v....

...The defendant is hereby committed to the custody of the Department of Corrections. . The defendant is hereby committed to the custody of the Sheriff of County, Florida . The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check one; unmarked sections are inapplicable): ....

...R CURIAM. Affirmed on the authority of Barnhill v. State, 393 So.2d 557 , (Fla. 4th DCA 1980). Provided, however, in order to preserve appellant’s rights we certify the following question: [I]s a person excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp.1978) when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies? HERSEY and GLICKSTEIN, JJ., and WETHERINGT...

...Green, of Brown & Green, West Palm Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Paul H. Zacks and Stewart J. Bellus, Asst. Attys. Gen., West Palm Beach, for appellee. WETHERINGTON, GERALD T., Associate Judge. This appeal raises questions of construction of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), which reads in part as follows: (1) The court may classify 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 cir...

...nal statute as stated in Shead, and consequently, the holding and reasoning in Shead is inapplicable to the construction of the Youthful Offender Act. The court thus held that, appellant had "previously been found guilty of a felony" as specified in Section 958.04(2)(a), Florida Statutes (Supp....

...one criminal episode or in two. In both cases, the crimes constitute separate felonies and are subject to the same punishment whether committed in one criminal episode or more. It should also be observed that the construction of subsection (2)(a) of Section 958.04, Florida Statutes (1979) contended for by appellant would lead to an illogical result in the present case....

...aw, and provide for just punishment." Id. at 1338. We therefore hold that a defendant who has been found guilty of more than one felony at the time of sentencing is disqualified from mandatory youthful offender classification under subsection (2) of Section 958.04, Florida Statutes (1979). Such defendant, however, may be sentenced as a youthful offender in the discretion of the court after consideration of the criteria set forth in subsection (3) of Section 958.04, Florida Statutes (1979)....

...It has been called to our attention by way of petition for rehearing that the court in Goodson v. State, 392 So.2d 1335 (Fla.App. 1st DCA 1980) relied on in our opinion, has, on rehearing, certified the following question to the Florida Supreme Court: [I]s a person excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp....

...We therefore decline to add the suggested language but in order to preserve appellant's rights we certify the following question to the Supreme Court of the State of Florida as one of great public interest: [I]s a person excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp....

...In regard to this point, appellant alleged under oath that when he was sentenced for multiple offenses as a youthful offender in May 1990 to four years of imprisonment followed by three years of probation, such sentences were outside the six-year maximum provided by law under section 958.04, Florida Statutes (1989)....

...Gardner was sentenced as a youthful offender to four years in the Department of Corrections followed by two years community control. His guidelines scoresheet range was 13.8 months to 23 months. We reverse and remand to the trial court for resentencing. Under the Youthful Offender Act, section 958.04(3), Florida Statutes (1997), the defendant must be sentenced within the sentencing guidelines unless the trial court judge provides written reasons which reasonably justify departure....

...Germanowicz, Assistant Attorney General, West Palm Beach, for appellee. KLEIN, J. This is an appeal from an order denying appellant's rule 3.800 motion to clarify his sentence of six years in the Department of Corrections as a youthful offender. Appellant argues that under section 958.04(2)(c), Florida Statutes (1995) he could only have received incarceration for a maximum of four years....

...That provision, however, which does limit incarceration to not more than four years, applies to "a split sentence whereby the youthful offender is to be placed on probation or community control upon completion of any specified period of incarceration." Appellant's sentence was authorized by the next paragraph of the statute, section 958.04(d), which authorizes the court to "commit the youthful offender to the custody of the department for a period of not more than 6 years, provided that any such commitment shall not exceed the maximum sentence for the offense for which t...

...carceration to four years, does not apply. Appellant's reliance on Nguyen v. State, 566 So.2d 368 (Fla. 5th DCA 1990) is also misplaced. Although the court in Nguyen did observe that incarceration is limited to four years, the court was referring to 958.04(2)(c)....

PER CURIAM. Dixon appeals the sentence entered against him following his plea of guilty to a charge of robbery. He asserted at sentencing and now asserts on appeal that Section 958.04, Florida Statutes (Supp.1978), is mandatory and that the trial court erred in failing to sentence him as a youthful offender. The trial court indicated that it did not consider the statute mandatory and refused to apply the statute’s provisions. Subsequently, we held in Goodson v. State, 392 So.2d 1335 (Fla. 1st DCA 1980), rehearing denied, that Section 958.04 is mandatory if all the criteria found in subsections (1) and (2) are met....

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

...s reclassified as a life felony because a firearm was used during the commission of the attempted murder. See § 775.087(l)(a). And because Malone was convicted of a life felony, it was error for the court to sentence him as a youthful offender. See § 958.04(l)(c), Fla....

SCHWARTZ, Judge. On the authority of Whitlock v. State, 404 So.2d 795 (Fla.3d DCA 1981) and Trent v. State, 403 So.2d 1131 (Fla.4th DCA 1981), that portion of the sentence entered below pursuant to the Youthful Offender Act, Secs. 958.04-.05 Fla.Stat....

...1 Affirmed in part, reversed in part. . We utterly reject the state’s imaginative contention that whenever, as here, a defendant is sentenced on a multiple-count information, he is ineligible as a matter of law for treatment as a youthful offender under Sec. 958.04(1) as to any succeeding counts since he has “previously been classified a youthful offender,” Sec....

...Goodson, 403 So.2d 1337, 1340 (Fla.1981) that “. .. the existence of two or more contemporaneous felony convictions does not preclude a defendant from being classified as a youthful offender, it merely excludes him from mandatory classification as such. See § 958.04(3), Fla.Stat....

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

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

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

...of the holding of Cuyler v. Sullivan, 446 U.S. 335 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980) with reference to privately retained counsel. We also observe that appellant’s situation falls within the mandatory ambit of the youthful offender statute, § 958.04(2)(a)(b), Florida Statutes (1979)....

...Love states that he was sentenced to boot camp for charges committed in 2004 and cites to Diaz v. State, 929 So.2d 668 (Fla. 1st DCA 2006). In Diaz, the first district reversed a trial court's imposition of a sentence, which exceeded 364 days of incarceration, where the youthful offender attended boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997)....

...The State's response to Love's motion to correct an illegal sentence argued that the court was not restricted to 364 days in jail because the defendant was sentenced to community control followed by probation— there was no special condition of incarceration as part of the probation, per section 958.04(2)(b)....

...ons (DOC) boot camp. The difference is significant because, as this court explained in Lee v. State, 884 So.2d 460 (Fla. 4th DCA 2004), a youthful offender who completes county boot camp is not limited in his sentencing exposure pursuant to sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (2004), unlike a youthful offender who completed DOC boot camp....

...Any subsequent denial shall be supported with attachments of portions of the record refuting the claim. See Ward v. State, 865 So.2d 669 (Fla. 4th DCA 2004). POLEN, HAZOURI and GERBER, JJ., concur. NOTES [1] Effective July 1, 2006 the legislature amended section 958.045(5)(c), which no longer limits to 364 days the period of incarceration for a youthful offender who completes boot camp and then violates subsequent probation....

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

...This case is before us to review a decision of the District Court of Appeal, First District, reported at 402 So.2d 1322 (Fla. 1st DCA 1981). The district court held that respondent, who had been simultaneously convicted of three felonies, was entitled to be sentenced as a youthful offender under section 958.04(2), Florida Statutes (Supp. 1978), for the first felony, but not for the other two. It then certified the following question as one of great public importance. Is a person excluded from a mandatory classification under section 958.04(2)(9), F.S....

...The trial judge sentenced him to two fifteen-year sentences to run concurrently. Petitioner, who had never been previously found guilty of a felony, appealed to the district court of appeal, claiming that he was entitled to be sentenced as a youthful offender under section 958.04, Florida Statutes (1979)....

...rst conviction, though not necessarily under the second. It reversed the first sentence and affirmed the second. It then certified the following question as one of great public importance: [Is] a person excluded from a mandatory classification under Section 958.04(2)(9) [sic], Florida Statutes (Supp.1978) when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies? In State v....

...Act, adopted in 1978. The Legislature created Chapter 958 to provide the trial court with adult sentencing alternatives for certain offenders under age twenty-one who meet the eligibility criteria for sentencing as a youthful offender.4 Section 958.04(2)(a), Florida Statutes (2013), provides the authority to impose the very judgment and sentence imposed by the trial court in the instant case: (2) In lieu of other criminal penalties authorized by law and notwithsta...

...other criminal penalties authorized by law,” to withhold adjudication of guilt, even if, as in this case, the offense constitutes a first-degree felony, which would under 4 For example, a youthful offender disposition is not available for capital or life offenses. See § 958.04(1)(c) (providing “....

...However, we affirm without prejudice on claim 8 only, insofar as appellant *607 has alleged that his pleas were involuntary due to the failure of the trial court and defense counsel to advise him that he had the right to seek sentencing as a youthful offender under section 958.04(1), Fla....

...Affirmance of the summary denial of this claim is without prejudice to appellant's right to refile a timely and verified motion for post conviction relief which alleges whether appellant actually qualified for youthful offender sentencing under the statute, addressing all of the criteria of section 958.04(1), Florida Statutes....

...At the sentencing hearing defendant sought to be treated as a youthful offender under the Florida Youthful Offender Act, Sections 958.011-.15, Florida Statutes (1979). The trial court, however, not having the benefit of the Supreme Court’s recent decision in State v. Goodson, 403 So.2d 1337 (Fla.1981), concluded that Section 958.04(2) was discretionary and, therefore, declined to sentence defendant as a youthful offender....

...After Josey stipulated to violating his probation, he was resen-tenced to twenty years’ prison on all counts. In 2011, Josey filed a rule 3.800(a) motion challenging his twenty-year sentences as violative of the six-year limitation applicable to youthful offender sentences under section 958.04, Florida Statutes (1997)....

...The court resentenced Josey to five-year prison terms on counts I and V, a fifteen-year term on count II, and twenty-year terms on counts III and IV, with all sentences to run concurrently. The sentences did not designate Josey as a youthful offender. Although the sentencing court was not limited by the six-year cap of section 958.04 because Josey committed a substantive violation of probation, the court was required to continue Josey’s youthful offender status on resentencing....

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

...mportance. THOMPSON and NIMMONS, JJ., concur. .Goodson and Upshaw involved the applicability of the Youthful Offender statute, which provides, inter alia, that no person convicted of a capital or life felony may be classified as a youthful offender. § 958.04(1)(c), Fla....

...In Goodson, the supreme court adopted this court’s holding that the 17 year old defendant charged by indictment with armed robbery was "transferred" for purposes of qualifying for youthful offender classification, under the rationale that because of the language of section 958.04(1)(a), a contrary interpretation would create the anomalous situation in which an indicted 18 year old person could be classified as a youthful offender, but an indicted 13 year old person could not....

...Goodson does not address the situation in which the minor is indicted and convicted of a capital or life felony, in which youthful offender sentencing is precluded, and is distinguishable from the case at issue. Moreover, the Goodson courts’ interpretation of section 958.04(1)(a) appears to be based on a flawed rationale, because an indicted minor would appear to be eligible for youthful offender sentencing under section 958.04(l)(b)....

COBB, Judge. The issue on this appeal is whether the trial court erred by imposing an agreed to thirty month sentence after violation of probation when the original sentence, prior to modification pursuant to section 958.04(2)(d), Florida Statutes (1991), was 18 months....

...On October 19,1994, the trial court accepted Fayson’s guilty plea to violating community control and Fayson was adjudicated guilty of the underlying crimes of possession and sale of cocaine and was sentenced to 18 months incarceration. On April 12, 1995, pursuant to section 958.04(2)(d), Florida Statutes, and the recommendation of the Department of Corrections, the trial court modified Fayson’s sentence to 24 months probation....

...alid sentence, the court cannot, constitutionally, again sentence him for the “same offense” or make the original sentence more onerous, [footnote omitted] The Legislature cannot authorize a violation of this fundamental constitutional right and section 958.04(4)(e) cannot constitutionally authorize, even after violation of probation, a second sentence imposing punishment more onerous or severe than that which has been imposed by a prior valid sentence on the same conviction of what is factu...

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

...Affirmed without prejudice to appellant’s right to file a new motion alleging, if such be the case, that the crime occurred prior to October 1, 1980, the effective date of the amendment to the Youthful Offender Act making classification under the Act discretionary rather than mandatory. Compare Section 958.04(2), Florida Statutes (1979), and Section 958.04(2), Florida Statutes (1981)....

...Merritt appeals from the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm. Merritt alleges in his motion that the trial court erred in failing to sentence him as a youthful offender pursuant to Section 958.04(1) and (2), Florida Statutes (1979)....

...State, 397 So.2d 330 (Fla. 1st DCA 1981). 1 The trial court also erred by sentencing the appellant as an adult on all three convictions even though the record established that the appellant met all of the requirements of the Youthful Offender Act, Section 958.04(2), Florida Statutes (1979)....

...State, no. TT-193 (Fla. 1st DCA, April 14, 1981) [1981 FLW 879]. However, as in Abram, we certify the following question to the Supreme Court of the State of Florida as one of great public interest: Is a person excluded from a mandatory classification under Section 958.04(2)(a), Florida Statutes (Supp.1978), when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies? This case is reversed and remanded for th...

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

...The trial court denied Quiles’ claim, stating that Quiles was sentenced as a youthful offender and not under the 1995 sentencing guidelines. The trial court incorrectly presumed that the sentencing guidelines cannot affect a youthful offender sentence. Under section 958.04(2)(d), Florida Statutes (Supp.1996), a youthful offender sentence “shall not exceed the maximum sentence for the offense for which the youthful offender has been convicted.” Section 958.04(3), Florida Statutes (Supp.1996), further limits a youthful offender sentence *1218 to the top of the sentencing guidelines “unless reasons are explained in writing by the trial court judge which reasonably justify departure.” If t...

...Defendant-appellant Baptiste entered into a plea bargain pursuant to which he was given a split sentence as a youthful offender to a term of five years incarceration followed by one year of community control. The State acknowledges that the inearcerative period for a split youthful offender sentence cannot exceed four years. § 958.04(2)(c), (d), Fla....

...that she would be given a specific sentence. 2  The trial court properly denied relief on this claim. While youthful offender sentencing does not apply to any person found to be guilty of a capital or life felony, see § 958.04(l)(c), Fla....

PER CURIAM. In this appeal the state concedes, and we agree, that the trial court erred in imposing 6-year sentences in excess of the statutory maximum allowed for third degree grand theft. Section 958.04(2), Florida Statutes (1991), limits youthful offender sentences to six years, or the maximum sentence for the offense committed, whichever is less....

...lly considered seeking a youthful offender sentence for Mr. Wilhelm, but didn’t correctly account for his age and that the window to seek the mitigated sentence expired just a few months after the charges were filed when Mr. Wilhelm turned 21. See § 958.04(1)(b), Fla. Stat....

...This is a petition for common law certio-rari brought by Peterson and Beeson. They were twenty (20) and nineteen (19) years of age, respectively, at the time they were arrested for trafficking in cocaine. They moved for a determination of youthful offender status pursuant to Section 958.04(2)(a)-(g), Florida Statutes (1983)....

...for in Fla. Stat. § 893.135 . The issue now presented is whether the trial court must conduct a pre-plea or pretrial hearing and there determine whether a defendant will be sentenced as a youthful offender under the Youthful Offender Provisions of Section 958.04, Florida Statutes (1983)....

...In other words, these defendants want to know, before they enter a plea or go to trial, if they will be treated as youthful offenders. We hold that the trial court is not required to conduct such hearing. Thus, we deny the petition for certiorari. Eligibility for youthful offender classification is established pursuant to Section 958.04, Florida Statutes (1983): 958.04....

...tended mandatory application we feel that the act well may have provided, “The Court shall, etc.” At what point in time should the trial court consider the question of youthful offender classification? Clearly, the critical provision is found in Section 958.04(l)(b), Florida Statutes (1983), which provides that the trial court may classify as a youthful offender any person “who is found guilty of or who has tendered, and the court has accepted, a plea of nolo contendere or guilty to a crime ...”....

...He was placed on community control, which he violated in 1987. He was adjudicated guilty of the three cocaine-related offenses, plus a 1987 grand theft, and was sentenced to state prison. In 1988, upon successful completion of boot camp, *712 the court modified the sentences pursuant to paragraph 958.04(2)(e), Florida Statutes (1987), and ordered that the remainder of the sentences would be served on probation....

...However, under the authorities just cited, Irizarry is entitled to have one of the sentences for cocaine possession vacated. Irizarry next contends that the trial court imposed an impermissible departure sentence. In the present case, Irizarry was sentenced upon revocation of post-boot camp probation, see § 958.04(2)(e), Fla....

...State, 576 So.2d 1358 (Fla. 3d DCA 1991). Contra Maxwell v. State, 576 So.2d 367 (Fla. 1st DCA 1991). Rehearing granted in part, denied in part. NOTES [1] The cocaine-related and 1987 grand theft sentences conformed to the requirements of paragraph 958.04(4)(e), Florida Statutes (1987), which provides, "If the offender violates the conditions of probation, the court may revoke the probation and impose any sentence which it might have originally imposed." Id....

ON MOTION FOR REHEARING PER CURIAM. The state’s motion for rehearing is granted and we vacate the order, dated February 23, 1988, dismissing the appeal. The amendment to section 958.04(3), Florida Statutes, effective July 1,1987, permits the state to appeal a departure sentence imposed under the Youthful Offender Act....

...Appellant was seventeen at the time of the offense. The trial judge determined that since appellant had been indicted, he was not transferred for prosecution to the criminal division of the circuit court pursuant to Chapter 39, and thus did not qualify as a youthful offender. § 958.04(l)(a), Fla. Stat. (1979). Since the time of the trial of this case the Supreme Court has since held that a minor initially proceeded against by indictment is to be considered “transferred” for purposes of Section 958.04(l)(a), Florida Statutes (1979). State v. Goodson, 403 So.2d 1337 (Fla.1981). The State argues that the term “life felony” in Section 958.04(l)(c) means all crimes punishable by life imprisonment, and that appellant does not qualify for mandatory youthful offender treatment. This is incorrect. A life felony is different from a felony in the first degree punishable by life imprisonment. Trent v. State, 403 So.2d 1131 (Fla. 4th DCA 1981). Therefore we remand this cause for resentencing under Section 958.04, Florida Statutes (1979)....

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

...gainst Crawley in the same county. We attribute no significance to the location where Crawley chose to commit his crimes, but only comment with respect to Crawley’s prior case which resulted in a split sentence under the Youthful Offender Act. See § 958.04(1), Fla....

...The youthful offender statute provides that, in the event of the incarceration of a youthful offender and an added sentence of probation or community control, “the period of probation or community control shall commence immediately upon the release of the youthful offender from incarceration.” § 958.04(2)(c), Fla....

...Appellant Jeffrey Mullin entered into a plea agreement whereby he would be sentenced to the maximum penalty permissible under the Youthful Offender Act. Pursuant to this agreement the trial court imposed a sentence of four years in prison followed by two years probation. See § 958.04(2), Fla.Stat....

...The background of this case may be summarized as follows. In May 1985 an information charged the appellants with armed robbery. A jury found them guilty. The court sentenced them as youthful offenders to four years incarceration to be followed by two years youthful offender community control. § 958.04, Fla.Stat....

...ed pursuant to the statute. Hudson v. State, 989 So.2d 725, 726 (Fla. 1st DCA 2008). This includes any combined sentence of probation and imprisonment, as long as it does not exceed six years, or any sentence of imprisonment not exceeding six years. § 958.04(2), Fla....

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

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

...Otherwise, the court should grant the motion and enter an amended judgment. AFFIRMED in part; REVERSED in part, and REMANDED, with • directions. EVANDER, , COHEN, and LAMBERT, JJ., concur. . See §§ 782.07(1), 775.082(3)(c), Fla. Stat. (2009). . See § 958.04(l)-(2), Fla....

...plain language of the statute in question." State v. Watts, 558 So. 2d 994, 997 (Fla. 1990). A plain -4- reading of section 958.14 leads to the conclusion that the sentencing limitations contained in section 958.04, which preclude sentencing enhancements, do not apply to a sentence imposed after a substantive violation of probation or community control. Section 958.14 states that a violation of probation shall subject the youthful offender to...

...1991) (explaining that the defendant's "maximum guideline sentence" included the section 775.087(1), Florida Statutes (1985), enhancement). Nothing in section 958.14 suggests that a sentence imposed after a substantive violation is limited by the other qualifiers of section 958.04....

...the sentencing cap; as noted above, in 1990 the legislature amended that cap to apply to technical -6- violations only. Arnette simply does not support application of the sentencing limitations of section 958.04 to a youthful offender following a substantive violation of probation. We recognize that the Fourth District has expressed a view contrary to ours and held that drug trafficking mandatory minimum sentences cannot be imposed on a youthful offender who substantively violates probation....

...ly."). To support its holding, the Fourth District cited Mendez v. State, 835 So. 2d 348 (Fla. 4th DCA 2003), and Jones v. State, 588 So. 2d 73 (Fla. 4th DCA 1991). However, both Mendez and Jones address initial youthful offender sentencing under section 958.04, not postviolation sentencing under section 958.14....

...be applied to a youthful offender's initial sentence, its reasoning is not relevant to Yegge's appeal from a postviolation sentence. Section 958.14 does not extend the sentencing limitations of -7- section 958.04 to youthful offenders who substantively violate supervision....

...offense for which he or she was found guilty"). Accordingly, this court concluded that because the maximum sentence for armed burglary under section 810.02(2)(b), Florida Statutes (2002), is life and the six-year cap for the originally imposed youthful offender sentence under section 958.04 no longer applied, Yegge's ten-year sentence, including the minimum mandatory designation, was within the allowable sentencing range and was legal....

...lation for a period longer than the maximum sentence for the offense for which he or she was found guilty." (Emphasis added.) The first sentence of section 958.14 serves to sever the restraints of the original youthful offender sentencing caps of section 958.04(2), but the second sentence dictates the boundaries for resentencing after substantive violation. It is the interpretation of the phrase "maximum sentence for the offense for which he or she was found guilty" in the se...

...iled rule 3.800(a) motion. We affirm the trial court’s denial of Lynch’s rule 3.850 motion without comment. However, having found that Lynch’s rule 3.800(a) motion correctly asserts that the trial court imposed an illegal sentence, we reverse. Section 958.04(2)(c), Florida Statutes (Supp.1996), provides that the total term of incarceration and probation a court can impose on a defendant designated as a youthful offender is limited to six years....

...ent. The two sentences imposed were to run concurrently. Abram was 18 years old at the time of the sentencing. Prior to his trial he had not been previously found guilty of a felony, nor had he been previously classified as a youthful offender under Section 958.04, Florida Statutes (1979), nor had he been “adjudicated delinquent for an act which would be a capital, life, or first-degree felony if committed by an adult.” Section 958.04(2)(b)....

...nd offense. But cf. Goodson v. State, 392 So.2d 1335 (Fla.1st DCA 1980); Barnhill v. State, 393 So.2d 557 (Fla.4th DCA 1980). 2 The second sentence was correctly imposed. Abram had been “previously found guilty of a felony” within the meaning of Section 958.04(2)(a) by virtue of the first adjudication for burglary of a dwelling....

...d worthy of consideration. Accordingly, we join both Goodson and Barnhill by certifying the following question to the Supreme Court of the State of Florida as one of great public interest: [Is] a person excluded from a mandatory classification under Section 958.04(2)(9), Florida Statutes (Supp.1978) when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies? The sentence imposed as to the first sentence is reversed and remanded to the trial court for an appropriate sentence....

...when it did not consider the possibility of a youthful offender sentence. Appellant concedes that because he was twenty-one or older at the time of sentencing, he was not eligible for a youthful offender sentence under the Youthful Offender Act as amended in 2008. § 958.04(1)(b), Fla....

...State, 393 So.2d 557 , (Fla. 4th DCA 1980). Provided, however, in order to preserve appellant’s rights we certify the following question as having been previously certified as one of great public importance: [Is] a person excluded from mandatory classification under section 958.04[2][a], Florida Statutes (Supp.1978) when prior to sentencing the offender has been found guilty of a qualifying felony under the act and has simultaneously been found guilty of other felonies? MOORE, HERSEY and HURLEY, JJ., concur.