Vantine v. State, 66 So. 3d 350 (Fla. 2d DCA 2011). · Go Syfert
Vantine v. State, 66 So. 3d 350 (Fla. 2d DCA 2011). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Goff v. State (fladistctapp, 2016-07-15)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Goff v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
See Yegge v. State, 88 So.3d 1058, 1059-60 (Fla. 2d DCA 2012); Mosley v. State, 77 So.3d 877, 877 (Fla. 2d DCA 2012); Tidwell v. State, 74 So.3d 503, 503 (Fla. 2d DCA 2011); Lee v. State, 67 So.3d 1199, 1202 (Fla. 2d DCA 2011); Vantine v. State, 66 So.3d 350, 352 (Fla. 2d DCA 2011).
discussed Cited as authority (rule) Yegge v. State (2×)
Fla. Dist. Ct. App. · 2015 · confidence medium
In my opinion, this language most certainly has been qualified — both by case law requiring that a youthful offender designation be retained upon' resentencing after a violation of probation,- see, e.g., Vantine v. State, 66 So.3d 350, 352 (Fla. 2d DCA 2011), and more pointedly by the second sentence of section 958.14, which requires that “no youthful offender shall be” resen-tenced “for a substantive violation for a period longer than the maximum sentence for the offense for which he or she was found guilty.” (Emphasis added.) The first sentence of section 958.14 serves to sever the…
discussed Cited as authority (rule) Gadson v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
The written judgment and sentence did not include a youthful offender designation. “[The] sentencing court must maintain the defendant’s youthful offender status upon resen-tencing for a violation of probation even when the violation was substantive.” Yegge v. State, 88 So.3d 1058, 1059-60 (Fla. 2d DCA 2012); see also Tidwell v. State, 74 So.3d 503, 503 (Fla. 2d DCA 2011) (holding youthful offender status cannot be revoked even for committing substantive probation violation); Vantine v. State, 66 So.3d 350, 352 (Fla. 2d DCA 2011) (holding youthful offender status could not be revoked upo…
discussed Cited as authority (rule) Yegge v. State
Fla. Dist. Ct. App. · 2012 · confidence medium
See Lee, 67 So.3d at 1202 (holding that “[w]hile a defendant is not entitled to be sentenced as a youthful offender on any new offense he or she may have committed, the trial court cannot revoke a defendant’s youthful offender status on offenses for which that defendant has already been sentenced” (citation omitted)); Vantine v. State, 66 So.3d 350, 352 (Fla. 2d DCA 2011) (explaining that the defendant’s youthful offender status could not be revoked upon violation of probation for a substantive violation involving a new law offense); Tidwell v. State, 74 So.3d 503, 503 (Fla. 2d DCA 201…
Retrieving the full opinion text from the archive…
Matthew VANTINE, Appellant,
v.
STATE of Florida, Appellee
2D10-2335.
District Court of Appeal of Florida, Second District.
Jul 6, 2011.
66 So. 3d 350
James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
Whatley, Casanueva, Black.
Cited by 7 opinions  |  Published
WHATLEY, Judge.

Matthew Vantine appeals his judgments and sentences imposed after he admitted violating his probation for the underlying offenses of three counts of burglary of a dwelling, burglary of a structure, burglary of a conveyance, and grand theft of a motor vehicle. See §§ 810.02(3)(b); 810.02(4)(a), (b); 812.014(2)(c)(6), Fla. Stat. (2006). He preserved the right to appeal the issue of whether his sentences were illegal. See Fla. R. App. P. 9.140(b)(2)(A)(ii)(d). We affirm in part and reverse in part.

Mr. Vantine originally pleaded to the underlying offenses in exchange for a sentence of two years of prison followed by two years of community control and one year of probation. He subsequently violated his community control, resulting in modification to a new term of three years of probation with no change to his youthful offender status. Thereafter, Mr. Vantine admitted violating probation condition three by changing his residence without permission and leaving Pinellas County without permission, condition four by possessing a “Pepper Taser,” and condition eleven by refusing to submit to a drug test. In addition to admitting these tech[*352] nical violations, he admitted violating condition five by failing to live without violating the law, after he told an officer that he would not take a drug test because it would be positive for marijuana. Mr. Van-tine’s admission that he would test positive for marijuana constitutes a substantive violation of probation. See Swilley v. State, 781 So.2d 458, 461 (Fla. 2d DCA 2001). The trial court revoked Mr. Vantine’s youthful offender status and sentenced him to ninety-nine months for each of the six underlying offenses, concurrent.

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. Van-tine’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.

Mr. Vantine also challenges his sentence. As a youthful offender with a substantive violation for which he was not separately charged and convicted, he could be sentenced to no longer than the maximum sentence for each offense. See § 958.14, Fla. Stat. (2006). [1] The trial court properly sentenced him to ninety-nine months for the three second-degree-felony burglaries of a dwelling that carry fifteen-year maximum sentences. See § 775.082(3)(c), Fla. Stat. (2006); § 810.02(3)(b). However, the ninety-nine-month sentences for burglary of a structure, burglary of a conveyance, and grand theft of a motor vehicle were illegal because they are third-degree felonies that carry five-year maximum sentences. See §§ 775.082(3)(d); 810.02(4)(a), (b); 812.014(2)(c)(6).

We affirm the sentences for the second-degree felonies, but we reverse the sentences for the third-degree felonies and remand for resentencing on those counts within the five-year máximums. We reverse the revocation of Mr. Vantine’s youthful offender status and remand for reinstatement of that status.

Affirmed in part, reversed in part, and remanded.

CASANUEVA and BLACK, JJ„ Concur.
1

. Section 958.14, provides as follows:

[N]o youthful offender shall be committed to the custody of the department for a substantive violation for a period longer than the maximum sentence for the offense for which he or she was found guilty, ... or for a technical or nonsubstantive violation for a period longer than 6 years or for a period longer than the maximum sentence for the offense for which he or she was found guilty, whichever is less, with credit for time served while incarcerated.