Jaques v. State

District Court of Appeal of Florida

Jaques v. State

224 So. 3d 929, 2017 Fla. App. LEXIS 12367, 2017 WL 3721818

CourtDistrict Court of Appeal of Florida

DecidedAugust 30, 2017

DocketCase 2D16-2404

StatusPublished

This text of 224 So. 3d 929 (Jaques v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jaques v. State, 224 So. 3d 929, 2017 Fla. App. LEXIS 12367, 2017 WL 3721818 (Fla. Ct. App. 2017).

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Opinion

ROTHSTEIN-YOUAKIM, Judge.

Guerline Jean Jaques appeals the revocation of her probation and the resulting sentences in five separate circuit court cases. We reject without comment Ja-ques’s argument that the circuit court abused its discretion in revoking her probation. However, we agree—and the State properly concedes—that the circuit court erred at resentencing in failing to continue the youthful-offender status originally assigned to her in those five cases. See Ware v. State, 197 So.3d 1147, 1150 (Fla. 2d DCA 2016) (“[Fjollowing a revocation, ‘the sentencing court must maintain the defendant’s youthful offender status upon resen-tencing for a violation of probation even when the violation was substantive.’ ” (quoting Yegge v. State, 88 So.3d 1058, 1059-60 (Fla. 2d DCA 2012))). Jaques preserved this argument by moving to correct the error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2); the motion was deemed denied when the circuit court failed to timely rule on it. See Fla. R. Crim. P. '3.800(b)(2)(B). Accordingly, we affirm the circuit court’s revocation of Ja-ques’s probation and the resulting sentences but remand for the court to correct Jaques’s written. sentences to reflect her continuing youthful-offender status.

Affirmed; remanded with directions.

WALLACE and SLEET, JJ., Concur.

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ROTHSTEIN-YOUAKIM, Judge.

Guerline Jean Jaques appeals the revocation of her probation and the resulting sentences in five separate circuit court cases. We reject without comment Ja-ques’s argument that the circuit court abused its discretion in revoking her probation. However, we agree—and the State properly concedes—that the circuit court erred at resentencing in failing to continue the youthful-offender status originally assigned to her in those five cases. See Ware v. State, 197 So.3d 1147, 1150 (Fla. 2d DCA 2016) (“[Fjollowing a revocation, ‘the sentencing court must maintain the defendant’s youthful offender status upon resen-tencing for a violation of probation even when the violation was substantive.’ ” (quoting Yegge v. State, 88 So.3d 1058, 1059-60 (Fla. 2d DCA 2012))). Jaques preserved this argument by moving to correct the error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2); the motion was deemed denied when the circuit court failed to timely rule on it. See Fla. R. Crim. P. '3.800(b)(2)(B). Accordingly, we affirm the circuit court’s revocation of Ja-ques’s probation and the resulting sentences but remand for the court to correct Jaques’s written. sentences to reflect her continuing youthful-offender status.

Affirmed; remanded with directions.

WALLACE and SLEET, JJ., Concur.

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224 So. 3d 929, 2017 Fla. App. LEXIS 12367, 2017 WL 3721818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jaques-v-state-fladistctapp-2017.

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