Johnie Earl Larkins v. State

District Court of Appeal of Florida

Johnie Earl Larkins v. State

159 So. 3d 386, 2015 Fla. App. LEXIS 3874, 2015 WL 1213547

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 2015

Docket4D14-3366

StatusPublished

Cited by5 cases

This text of 159 So. 3d 386 (Johnie Earl Larkins 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.

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Johnie Earl Larkins v. State, 159 So. 3d 386, 2015 Fla. App. LEXIS 3874, 2015 WL 1213547 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

Johnie Earl Larkins appeals an order that summarily denied his multi-claim motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm on all but one point and accept the State’s concession that Larkins’ sentence must be corrected to reflect his youthful offender status. Smith v. State, 143 So.3d 1023, 1024 (Fla. 4th DCA 2014); St. Cyr v. State, 106 So.3d 487, 489 (Fla. 4th DCA 2013); Knite v. State, 102 So.3d 691, 695 (Fla. 4th DCA 2012); Blacker v. State, 49 So.3d 785, 788 (Fla. 4th DCA 2010), rev. denied, 108 So.3d 656 (Fla. 2012). As the cases point out, because of the substantive violation of probation, the trial court was not required to sentence Larkins to a youthful offender sentence of six years or less. However, it was required to continue that status upon resen-tencing after the violation of probation. Blacker, 49 So.3d at 788.

Accordingly, we reverse and remand for the trial court to correct the error and to amend Larkins’ sentence to reflect his youthful offender classification as to his original charges. This ministerial sentence correction does not require Larkins’ presence. See Jordan v. State, 143 So.3d 335, 339 (Fla.2014) (recognizing that defendant’s presence is not required for a purely ministerial sentence correction).

Reversed and remanded.

STEVENSON, MAY and CIKLIN, JJ., concur.

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PER CURIAM.

Johnie Earl Larkins appeals an order that summarily denied his multi-claim motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm on all but one point and accept the State’s concession that Larkins’ sentence must be corrected to reflect his youthful offender status. Smith v. State, 143 So.3d 1023, 1024 (Fla. 4th DCA 2014); St. Cyr v. State, 106 So.3d 487, 489 (Fla. 4th DCA 2013); Knite v. State, 102 So.3d 691, 695 (Fla. 4th DCA 2012); Blacker v. State, 49 So.3d 785, 788 (Fla. 4th DCA 2010), rev. denied, 108 So.3d 656 (Fla. 2012). As the cases point out, because of the substantive violation of probation, the trial court was not required to sentence Larkins to a youthful offender sentence of six years or less. However, it was required to continue that status upon resen-tencing after the violation of probation. Blacker, 49 So.3d at 788.

Accordingly, we reverse and remand for the trial court to correct the error and to amend Larkins’ sentence to reflect his youthful offender classification as to his original charges. This ministerial sentence correction does not require Larkins’ presence. See Jordan v. State, 143 So.3d 335, 339 (Fla.2014) (recognizing that defendant’s presence is not required for a purely ministerial sentence correction).

Reversed and remanded.

STEVENSON, MAY and CIKLIN, JJ., concur.

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159 So. 3d 386, 2015 Fla. App. LEXIS 3874, 2015 WL 1213547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnie-earl-larkins-v-state-fladistctapp-2015.

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