Velasco v. State

District Court of Appeal of Florida

Velasco v. State

113 So. 3d 896, 2013 WL 163622, 2013 Fla. App. LEXIS 598

CourtDistrict Court of Appeal of Florida

DecidedJanuary 16, 2013

DocketNo. 2D12-2513

StatusPublished

This text of 113 So. 3d 896 (Velasco 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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Velasco v. State, 113 So. 3d 896, 2013 WL 163622, 2013 Fla. App. LEXIS 598 (Fla. Ct. App. 2013).

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Opinion

CASANUEVA, Judge.

Nicole Velasco appeals the order summarily denying her motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We find no merit to her argument that the length of her sentence is illegal. See Yegge v. State, 88 So.3d 1058, 1059 (Fla. 2d DCA 2012) (holding that a youthful offender who commits a substantive violation of probation, such as by committing a new offense, can be sentenced up to the maximum sentence for the original offense; the six-year sentence limit for youthful offenders is no longer applicable). However, we agree that the trial court erred in failing to continue Ms. Velasco’s designation as a youthful offender. See Tidwell v. State, 74 So.3d 503 (Fla. 2d DCA 2011) (holding that one’s status as a youthful offender cannot be revoked based on a violation of probation); Lee v. State, 67 So.3d 1199, 1202 (Fla. 2d DCA 2011) (“ ‘Once a circuit court has imposed a youthful offender sentence, it must continue that status upon resen-tencing after a violation of probation or community control.’ ” (quoting Blacker v. State, 49 So.3d 785, 788 (Fla. 4th DCA 2010))). Accordingly, we reverse the post-conviction court’s order and remand for amendment of Ms. Velasco’s sentence to reflect her youthful offender status.

Reversed and remanded with directions.

NORTHCUTT and VILLANTI, JJ., Concur.

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CASANUEVA, Judge.

Nicole Velasco appeals the order summarily denying her motion to correct illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). We find no merit to her argument that the length of her sentence is illegal. See Yegge v. State, 88 So.3d 1058, 1059 (Fla. 2d DCA 2012) (holding that a youthful offender who commits a substantive violation of probation, such as by committing a new offense, can be sentenced up to the maximum sentence for the original offense; the six-year sentence limit for youthful offenders is no longer applicable). However, we agree that the trial court erred in failing to continue Ms. Velasco’s designation as a youthful offender. See Tidwell v. State, 74 So.3d 503 (Fla. 2d DCA 2011) (holding that one’s status as a youthful offender cannot be revoked based on a violation of probation); Lee v. State, 67 So.3d 1199, 1202 (Fla. 2d DCA 2011) (“ ‘Once a circuit court has imposed a youthful offender sentence, it must continue that status upon resen-tencing after a violation of probation or community control.’ ” (quoting Blacker v. State, 49 So.3d 785, 788 (Fla. 4th DCA 2010))). Accordingly, we reverse the post-conviction court’s order and remand for amendment of Ms. Velasco’s sentence to reflect her youthful offender status.

Reversed and remanded with directions.

NORTHCUTT and VILLANTI, JJ., Concur.

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113 So. 3d 896, 2013 WL 163622, 2013 Fla. App. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/velasco-v-state-fladistctapp-2013.

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