CopyCited 19 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1468604
...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...
...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....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 2002 WL 31026986
...he 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....
...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)....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2004 WL 503792
...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....
...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....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2004 WL 2238659
...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....
...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)....
...§
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....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2012 WL 1121748, 2012 Fla. App. LEXIS 5291
...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....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2004 WL 825613
...s. While incarcerated, the Department of Corrections ("DOC") recommended and accepted the appellant into the boot camp program. After the appellant successfully completed the program, DOC filed a motion to modify the appellant's sentence pursuant to section 958.045, Florida Statutes (1999), and his sentence was modified from 55 months' imprisonment to 4 years' probation....
...months' incarceration with credit for time served. The appellant filed a motion to correct illegal sentence, alleging that upon his violation of probation, he could not be sentenced to a term of incarceration exceeding 364 days pursuant to sections 958.045(2)(b) and 958.045(5)(c), Florida Statutes (1999)....
...on
958.14, Florida Statutes, which is the general youthful offender law that the supreme court interpreted in Meeks. Here, however, the appellant completed boot camp, and therefore, upon his resentencing for violation of probation, he was subject to section
958.045(5)(c), which is a specific law pertaining to sentencing youthful offenders after boot camp completion....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 1093069
...On March 30, 1998, appellant was sentenced as a youthful offender with a recommendation for placement in boot camp. After appellant completed the boot camp portion of his sentence, his sentences were modified on November 9, 1999, and he was placed on probation pursuant to section 958.045(5)(c), Florida Statutes (1998)....
...Appellant violated his probation and on September 20, 2000, he was sentenced to concurrent terms of 10 years in prison. Appellant argues that his sentence after revocation of probation was illegal because the trial court could only sentence him to 364 days, which is the upper limit set forth in section 958.045(5)(c)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 29 Fla. L. Weekly Fed. D 302
...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....
...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)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 WL 1514796
...r. *998 Bill McCollum, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Respondent. LAWSON, J. Antonio B. Adderly seeks relief from an order denying his motion for resentencing filed pursuant to section 958.045(5)(c), Florida Statutes (2007). Because Adderly has successfully completed the Department of Correction's, ("DOC"), "boot camp" program, section 958.045(5)(c) mandates that Adderly be resentenced to a term of probation. We treat Adderly's filing as a petition for writ of mandamus, grant the writ, and remand with instructions that the trial court resentence Adderly in accordance with section 958.045(5)(c), Florida Statutes....
...Although Adderly was sixteen years old at the time of the plea, he was sentenced as an adult. The sentence was pronounced on January 25, 2001. On July 11, 2006, the DOC sent a letter to the trial judge stating that Adderly qualified for its "basic training" (or "boot camp") program, authorized by section 958.045, Florida Statutes, and requesting the judge's approval for Adderly to participate in the program....
...On July 19, 2006, the trial judge responded by approving Adderly for the program. Thereafter, DOC placed Adderly in the program, which Adderly successfully completed on January 9, 2007. On February 9, 2007, Adderly filed a motion for resentencing, seeking release to probation pursuant to section 958.045(5)(c), Florida Statutes....
...has a clear legal duty to comply with the provisions of this statute by modifying Adderly's sentence to a term of probation. See, e.g., Sada v. State,
807 So.2d 146 (Fla. 3d DCA 2002); Smith v. State,
750 So.2d 754 (Fla. 1st DCA 2000). 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...
...[1] *999 WRIT GRANTED; REMANDED WITH DIRECTIONS TO MODIFY SENTENCE. ORFINGER and TORPY, JJ., concur. NOTES [1] Similar to Fettler, we have identified the following cases stating and applying the old rule, which has now been superseded by the amendment to section 958.045(5)(c), approved by chapter 06-270, Laws of Florida: Porter v....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2002 WL 180827
...Mielke, Assistant Attorney General, for respondent. Before FLETCHER and SHEVIN, JJ., and NESBITT, Senior Judge. FLETCHER, Judge. Mark Sada seeks the issuance of a writ of mandamus compelling the Honorable Barbara S. Levenson to place him on probation in compliance with section 958.045, Florida Statutes (1997). We find that Sada is entitled to the relief he seeks. Sada is a Department of Corrections-classified Youthful Offender [1] as contemplated by section 958.045, Florida Statutes (1997). He was selected for placement in a basic training unit [2] by the department, which sought and received the statutorily required [section 958.045(2)] approval from the sentencing court for his placement in the program. Notice was given to the state attorney as required by section 958.045(2). Sada was placed in the program and satisfactorily completed it in March 2001. Section 958.045(5)(c), Florida Statutes (1997) 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....
...on probation. Notwithstanding the statutory mandate and the report of Sada's satisfactory completion of the program, the trial court declined to modify its sentence and place Sada on probation. The trial court has the clear legal duty to comply with section 958.045(5)(c), Florida Statutes (1997) and Sada has the clear legal right to have his sentence modified and to be placed on probation....
...The state has filed its response to Sada's petition, properly conceding error and submitting that the writ should issue. Accordingly, we grant Sada's petition and issue the writ of mandamus. The Honorable Barbara S. Levenson shall immediately comply with section 958.045(5)(c), Florida Statutes (1997) by modifying the sentence imposed on Sada and placing Sada on probation....
...[2] The unit's program includes "marching drills, calisthenics, a rigid dress code, manual labor assignments, physical training with obstacle courses, training in decision making and personal development, general education development and adult basic education courses, and drug counseling and other rehabilitation programs." Section 958.045(1)(a), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2005 WL 766976
...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....
...ated 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)....
...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....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 3052512
...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....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1196464
...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)....
...erms 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.
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2000 WL 125968
...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)....
...ction
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....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 3355568
...ions 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....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2005 WL 1277865
...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)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 9786, 2009 WL 2059386
...violation hearing. [3] It is not clear why there should be nothing in the record documenting how Davis came to be on probation. If he was on probation as a result of something other than the successful completion of youthful offender boot camp, see § 958.045(5)(c), the relevant documents would refute Davis's claim....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 12662, 34 Fla. L. Weekly Fed. D 1765
...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)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2012 WL 1366725, 2012 Fla. App. LEXIS 6176
...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)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 1734513
...The defendant appeals the summary denial of his rule 3.800(a) motion to correct illegal sentence. We reverse. The defendant alleged that he was illegally sentenced to six years in prison in connection with three 2004 cases after violating community control. He argues that, pursuant to sections
958.04(2)(b) and
958.045(5)(c), Florida Statutes (2004), the court was limited to sentencing him to no more than 364 days because he had successfully completed boot camp....
...State,
825 So.2d 1032 (Fla. 1st DCA 2002), in which the court held that 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. See §§
958.04(2)(b),
958.045(5)(c), Fla. Stat. (2004). The trial court summarily denied the motion without explanation. The defendant appealed. The State argues that the trial court correctly applied an amendment to section
958.045, which became effective on July 1, 2006....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 13727, 2014 WL 4343508
...2d
DCA 2009). Therefore, we reverse the summary denial of this claim and remand for an
evidentiary hearing.
Affirmed in part, reversed in part, and remanded.
VILLANTI, WALLACE, and SLEET, JJ., Concur.
1
Section 958.045 has since been amended to remove this limitation on
sentencing....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 13843, 2004 WL 2101956
PER CURIAM. We affirm the order denying appellant’s motion to correct an illegal sentence. Although appellant’s motion was based upon the court’s failure to sentence him in accordance with section-958.045(5)(c), Florida Statutes (2001), after his successful completion of boot camp, he raises entirely different issues regarding jail credit in his initial brief....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15032, 2015 WL 5916841
...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....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 7330, 2001 WL 557600
...gia, 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....
CopyPublished | Florida 4th District Court of Appeal
...rt erred when it
sentenced him for violating probation after his earlier completion of “boot
camp” as a youthful offender.
Because Daniel’s offenses occurred in 2003, the State acknowledges
that his case is governed by the 2003 version of section 958.045, Florida
Statutes....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 3197131, 2013 Fla. App. LEXIS 10074
...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”]....
...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....
...sses, 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....
...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).
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 2359867, 2012 Fla. App. LEXIS 10099
...We reverse because the trial judge incorrectly believed that the date a defendant completed boot camp, not the date that he committed his original offense, was the date to use in determining the applicable law when sentencing on a violation of probation under section 958.045, Florida Statutes....
...Negron alleged that he successfully completed a boot camp program and was released on probation on March 20, 2009. Thereafter, Negron was found guilty of violating his probation. The trial court imposed concurrent inearcerative sentences of 58.09 months. Negron argues that, pursuant to section 958.045(5)(c), Florida Statutes (2005), the trial court could only sentence him to a maximum of 364 days in jail. If Negron successfully completed the boot camp program, his argument has merit. Prior to July 1, 2006, section 958.045(5)(c) provided that where a defendant sentenced as a youthful offender subsequently completed the boot camp program, he could only be sentenced thereafter on a violation of probation charge to a sentence that might have originally bee...
...(Emphasis added); see Adderly v. State,
958 So.2d 997, 998 (Fla. 5th DCA 2007) (“Prior to this statutory change, a defendant who violated probation after completing boot camp could only be sentenced to 364 days in jail.”). Effective July 1, 2006, section
958.045(5)(c) was amended to permit a trial court, upon finding that a youthful offender who had successfully completed the boot camp program had thereafter violated probation, to impose any sentence that it might have originally imposed: (c)...
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 688, 2012 WL 163919
...In reaching this conclusion, the court incorrectly relied upon the version of a statutory provision that was applicable at the time Mr. Miller was originally sentenced as a youthful offender, rather than the version of the provision in effect at the time Mr. Miller committed his offenses. Compare § 958.045(5)(c), Fla....
...that it might have originally imposed” if the offender violates a modified sentence of probation that was imposed as a consequence of the offender’s satisfactory completion of a basic training program run by the Department of Corrections), with § 958.045(5)(c), Fla....
...addressing whether the revocation proceeding arose from the violation of probationary terms that had been imposed following Mr. Miller’s satisfactory performance in a DOC-run basic training program (commonly referred to as “boot camp”). 3 See § 958.045(5)(c), Fla....
...State,
927 So.2d 249, 250 (Fla. 2d DCA 2006); Blaxton v. State,
868 So.2d 620, 621 (Fla. 2d DCA 2004); Lee v. State,
884 So.2d 460, 462 (Fla. 4th DCA 2004) (providing that an offender who completes a county-operated boot camp would not be entitled to section
958.045(5)(c) sentencing because “no provisions in the Youthful Offender Act requir[e] application of rules governing department boot camp facilities to the county-run programs”)....
...Under the youthful offender provisions in effect in 2004 and 2005, a violation of a probationary sentence that was imposed as a consequence of an offender’s satisfactory completion of a DOC-run boot camp could result in a sentence of no longer than 364 days’ incarceration in specified facilities. See §§
958.045(5)(e),
958.04(2)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 20024, 2009 WL 4928052
...mp. 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....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 18157, 2004 WL 2729702
...t camp after five months in prison. Under the statutes governing Youthful Offenders, a youthful offender sentenced' to incarceration is screened by the Department of Corrections (DOC) for eligibility into a basic training or “boot camp” program. § 958.045(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10735, 2009 WL 2382413
...With respect to his claim to be entitled to be sentenced to not more than 364 days, because appellant was placed in a boot camp run by the Broward Sheriff's Office, and not the Department of Corrections, the circuit court's sentencing authority was not limited by section 958.045(5)(c)....
...See Lee v. State,
884 So.2d 460, 461-62 (Fla. 4th DCA 2004) (holding that because appellant had been placed in sheriff's boot camp facility rather than that of Florida Department of Corrections, the trial court's sentencing authority was not limited by section
958.045(5)(c))....
