Woodson-Kenon v. State
This text of 963 So. 2d 347 (Woodson-Kenon 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.
Opinion
Benjamin WOODSON-KENON, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
Clayton R. Kaeiser, Miami, for appellant.
No appearance required for appellee.
PER CURIAM.
Affirmed. See § 985.233(4)(a)2., Fla. Stat. (2001) (youthful offender sentence is discretionary); § 985.233(4)(a)4., Fla. Stat. (2001) (imposing adult sanctions instead of youthful offender sanction "is presumed appropriate, and the court is not required to set forth specific findings or enumerate the criteria in this subsection as any basis for its decision to impose adult sanctions"); see also Lee v. State, 679 So.2d 1158, 1160 (Fla.1996) ("[B]ecause the judge possessed the discretion to refuse to classify [defendant] as a youthful offender even if he had considered section 958.04, his failure to consider the statute does not make the sentence `illegal' under our interpretation of that term. . . . Thus, a rule 3.800(a) motion is not proper here.").
STONE, STEVENSON and MAY, JJ., concur.
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Cite This Page — Counsel Stack
963 So. 2d 347, 2007 WL 2376710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodson-kenon-v-state-fladistctapp-2007.