Roberts v. State

468 So. 2d 1122, 10 Fla. L. Weekly 1276, 1985 Fla. App. LEXIS 14042

Procedural entryThis page is a short order in Roberts v. State. Read the opinion of the Court — 461 So. 2d 212 →

District Court of Appeal of Florida·Decided May 22, 1985·No. No. 83-1129·Published

Opinion

ON MOTION FOR REHEARING OR CERTIFICATION

PER CURIAM.

We grant the rehearing motion and affirm, based on the authority of Clem v. State, 462 So.2d 1134 (Fla. 4th DCA 1984), and certify the following questions to the Supreme Court of Florida:

1. WHEN A PERSON IS SENTENCED AS A YOUTHFUL OFFENDER PURSUANT TO CHAPTER 958.-05(2), FLORIDA STATUTES (1979), DOES THE CIRCUIT COURT HAVE JURISDICTION TO REVOKE THE COMMUNITY CONTROL PROGRAM STATUS OF THAT PERSON?

2. IF THE ANSWER TO THE FOREGOING QUESTION IS IN THE POSITIVE, MAY THE CIRCUIT COURT, UPON REVOCATION OF A YOUTHFUL OFFENDER’S COMMUNITY CONTROL PROGRAM STATUS, TREAT THE DEFENDANT AS THOUGH IT HAD NEVER PLACED HIM IN COMMUNITY CONTROL AND SENTENCE HIM IN ACCORDANCE WITH SECTION 948.06(1), FLORIDA STATUTES?

We again certify those questions to the Supreme Court of Florida as questions of great public importance.

LETTS, HURLEY and DELL, JJ., concur.

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ON MOTION FOR REHEARING OR CERTIFICATION

PER CURIAM.

We grant the rehearing motion and affirm, based on the authority of Clem v. State, 462 So.2d 1134 (Fla. 4th DCA 1984), and certify the following questions to the Supreme Court of Florida:

1. WHEN A PERSON IS SENTENCED AS A YOUTHFUL OFFENDER PURSUANT TO CHAPTER 958.-05(2), FLORIDA STATUTES (1979), DOES THE CIRCUIT COURT HAVE JURISDICTION TO REVOKE THE COMMUNITY CONTROL PROGRAM STATUS OF THAT PERSON?

2. IF THE ANSWER TO THE FOREGOING QUESTION IS IN THE POSITIVE, MAY THE CIRCUIT COURT, UPON REVOCATION OF A YOUTHFUL OFFENDER’S COMMUNITY CONTROL PROGRAM STATUS, TREAT THE DEFENDANT AS THOUGH IT HAD NEVER PLACED HIM IN COMMUNITY CONTROL AND SENTENCE HIM IN ACCORDANCE WITH SECTION 948.06(1), FLORIDA STATUTES?

We again certify those questions to the Supreme Court of Florida as questions of great public importance.

LETTS, HURLEY and DELL, JJ., concur.

Roberts v. State, 468 So. 2d 1122, 10 Fla. L. Weekly 1276, 1985 Fla. App. LEXIS 14042 (Fla. Ct. App. 1985).

Pincite

468 So. 2d 1122 (Roberts v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Clem v. State

462 So. 2d 1134 (District Court of Appeal of Florida, 1984)

Opinion

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