Youthful Offender Sentencing Update

On July 6, 2011, the Florida 2nd DCA decided the case of Vantine v. State, 2D10-2335, a case dealing with youthful offender status on a violation of probation.  In its decision, the court held that youthful offender status cannot be revoked upon a violation of probation.

Mr. Vantine argues, and the State concedes, that the trial court erred in revoking his youthful offender status. We agree. Once a trial court has imposed a youthful offender sentence, it must continue that status on resentencing after violation of the defendant’s youthful offender commitment. Blacker v. State, 49 So. 3d 785, 788 (Fla. 4th DCA 2010). Mr. Vantine’s youthful offender status could not be revoked upon violation of probation. See id. at 788-89. Accordingly, we reverse the revocation of his youthful offender designation.

(Disclaimer: This post does not constitute legal advice nor does it create an attorney-client relationship.)

 

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