Rowell v. State

District Court of Appeal of Florida

Rowell v. State

160 So. 3d 950, 2015 Fla. App. LEXIS 5194, 2015 WL 1609926

CourtDistrict Court of Appeal of Florida

DecidedApril 10, 2015

DocketNo. 5D14-3782

StatusPublished

This text of 160 So. 3d 950 (Rowell 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

Rowell v. State, 160 So. 3d 950, 2015 Fla. App. LEXIS 5194, 2015 WL 1609926 (Fla. Ct. App. 2015).

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Opinion

WALLIS, J.

Appellant appeals the trial court’s summary denial of his Rule 3.800(a) Motion to Correct Illegal Sentence. The sole issue is whether the trial judge, after finding that Appellant violated his probation, erred by subsequently revoking Appellant’s Youthful Offender status. We find that Rule 3.800(a) is the proper avenue for Appellant to pursue review of the revocation. Blacker v. State, 49 So.3d 785 (Fla. 4th DCA 2010). We note that the order on appeal is silent as to the issue of the revocation of the Youthful Offender designation. We remand for the trial court to address this specific claim.

REVERSED and REMANDED with INSTRUCTIONS.

SAWAYA and PALMER, JJ., concur.

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WALLIS, J.

Appellant appeals the trial court’s summary denial of his Rule 3.800(a) Motion to Correct Illegal Sentence. The sole issue is whether the trial judge, after finding that Appellant violated his probation, erred by subsequently revoking Appellant’s Youthful Offender status. We find that Rule 3.800(a) is the proper avenue for Appellant to pursue review of the revocation. Blacker v. State, 49 So.3d 785 (Fla. 4th DCA 2010). We note that the order on appeal is silent as to the issue of the revocation of the Youthful Offender designation. We remand for the trial court to address this specific claim.

REVERSED and REMANDED with INSTRUCTIONS.

SAWAYA and PALMER, JJ., concur.

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Bluebook (online)

160 So. 3d 950, 2015 Fla. App. LEXIS 5194, 2015 WL 1609926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowell-v-state-fladistctapp-2015.

Opinion

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