Kahrs v. State

District Court of Appeal of Florida

Kahrs v. State

816 So. 2d 157, 2002 Fla. App. LEXIS 5100, 2002 WL 596736

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 2002

DocketNo. 2D01-855

StatusPublished

Cited by1 cases

This text of 816 So. 2d 157 (Kahrs 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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Kahrs v. State, 816 So. 2d 157, 2002 Fla. App. LEXIS 5100, 2002 WL 596736 (Fla. Ct. App. 2002).

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Opinion

FULMER, Judge.

Robert Kahrs appeals the sentences imposed in several cases following his no contest plea to the offenses involved in those cases. He argues, and the State properly concedes, that the trial court erred in sentencing him as a youthful offender in three cases and as an adult in two other cases. We reverse.

Following his no contest plea to charges stemming from five different cases, the trial court sentenced Kahrs as a youthful offender to five years in prison on some offenses and to six years in prison for the remaining offenses committed in three different cases. The court also sentenced him as an adult to three years’ consecutive probation in two other cases. It was error for the trial court to sentence Kahrs as a youthful offender in three cases and as an adult in the remaining two cases. See Dimilta v. State, 590 So.2d 1074, 1075 (Fla. 2d DCA 1991); Kelly v. State, 739 So.2d 1164, 1165-66 (Fla. 5th DCA 1999). Furthermore, the combined sentences exceed the six-year statutory maximum permitted [158]*158by the Youthful Offender Act. See Dimilta, 590 So.2d at 1075. Accordingly, we reverse the sentences. Because Kahrs entered a plea to all of the offenses, we remand for the trial court to permit Kahrs to withdraw his plea, or if he chooses not to, for the trial court to determine whether to sentence him as an adult without reference to the Youthful Offender Act, or to limit his sentences as provided by the Act. See Kelly, 739 So.2d at 1165.

Reversed and remanded.

BLUE, C.J., and GREEN, J., Concur.

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FULMER, Judge.

Robert Kahrs appeals the sentences imposed in several cases following his no contest plea to the offenses involved in those cases. He argues, and the State properly concedes, that the trial court erred in sentencing him as a youthful offender in three cases and as an adult in two other cases. We reverse.

Following his no contest plea to charges stemming from five different cases, the trial court sentenced Kahrs as a youthful offender to five years in prison on some offenses and to six years in prison for the remaining offenses committed in three different cases. The court also sentenced him as an adult to three years’ consecutive probation in two other cases. It was error for the trial court to sentence Kahrs as a youthful offender in three cases and as an adult in the remaining two cases. See Dimilta v. State, 590 So.2d 1074, 1075 (Fla. 2d DCA 1991); Kelly v. State, 739 So.2d 1164, 1165-66 (Fla. 5th DCA 1999). Furthermore, the combined sentences exceed the six-year statutory maximum permitted [158]*158by the Youthful Offender Act. See Dimilta, 590 So.2d at 1075. Accordingly, we reverse the sentences. Because Kahrs entered a plea to all of the offenses, we remand for the trial court to permit Kahrs to withdraw his plea, or if he chooses not to, for the trial court to determine whether to sentence him as an adult without reference to the Youthful Offender Act, or to limit his sentences as provided by the Act. See Kelly, 739 So.2d at 1165.

Reversed and remanded.

BLUE, C.J., and GREEN, J., Concur.

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816 So. 2d 157, 2002 Fla. App. LEXIS 5100, 2002 WL 596736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kahrs-v-state-fladistctapp-2002.

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