Kerklin v. State

District Court of Appeal of Florida

Kerklin v. State

548 So. 2d 689, 14 Fla. L. Weekly 1639, 1989 Fla. App. LEXIS 3794, 1989 WL 73757

CourtDistrict Court of Appeal of Florida

DecidedJuly 5, 1989

DocketNo. 88-00135

StatusPublished

Cited by3 cases

This text of 548 So. 2d 689 (Kerklin 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

Kerklin v. State, 548 So. 2d 689, 14 Fla. L. Weekly 1639, 1989 Fla. App. LEXIS 3794, 1989 WL 73757 (Fla. Ct. App. 1989).

Pincite

Opinion

PER CURIAM.

The defendant appeals the seven-year sentence imposed under the Youthful Offender Act after revocation of his probation. Since this sentence exceeds the six-year maximum provided by section 958.14, Florida Statutes (1985), we reverse the sentence and remand for sentencing consistent with that statute. Buckle v. State, 528 So.2d 1285 (Fla. 2d DCA 1988). Contra Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988) (trial court not required to “reclassify” a defendant as a youthful offender for resentencing upon a violation of probation or community control). On resen-tencing, the defendant should receive credit for all time served for any incarceration which led to his sentence. The credit should include that time served in prison or jail preceding his release on community control as well as that time served in prison or jail while awaiting judgment and sentence on the violation proceedings. Crosby v. State, 487 So.2d 416 (Fla. 2d DCA 1986).

REVERSED AND REMANDED FOR RESENTENCING.

FRANK, A.C.J., and HALL and ALTENBERND, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The defendant appeals the seven-year sentence imposed under the Youthful Offender Act after revocation of his probation. Since this sentence exceeds the six-year maximum provided by section 958.14, Florida Statutes (1985), we reverse the sentence and remand for sentencing consistent with that statute. Buckle v. State, 528 So.2d 1285 (Fla. 2d DCA 1988). Contra Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988) (trial court not required to “reclassify” a defendant as a youthful offender for resentencing upon a violation of probation or community control). On resen-tencing, the defendant should receive credit for all time served for any incarceration which led to his sentence. The credit should include that time served in prison or jail preceding his release on community control as well as that time served in prison or jail while awaiting judgment and sentence on the violation proceedings. Crosby v. State, 487 So.2d 416 (Fla. 2d DCA 1986).

REVERSED AND REMANDED FOR RESENTENCING.

FRANK, A.C.J., and HALL and ALTENBERND, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

548 So. 2d 689, 14 Fla. L. Weekly 1639, 1989 Fla. App. LEXIS 3794, 1989 WL 73757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerklin-v-state-fladistctapp-1989.

Opinion

Related

Cite This Page — Counsel Stack