Wallace v. State, 989 So. 2d 725 (Fla. 1st DCA 2008). · Go Syfert
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Wallace v. State, 989 So. 2d 725 (Fla. 1st DCA 2008). Cases Citing This Book View Copy Cite
“when a defendant has been designated a youthful offender, the court may not change that status by way of revocation of probation or community control.”
15 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: Danny Lee Flagg v. State of Florida (fladistctapp, 2015-11-08)
Top citers, strongest first. 6 distinct citers.
examined Cited as authority (verbatim quote) Danny Lee Flagg v. State of Florida (4×) also: Cited "see", Cited "see, e.g."
Fla. Dist. Ct. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a defendant has been designated a youthful offender, the court may not change that status by way of revocation of probation or community control.
discussed Cited as authority (verbatim quote) Yegge v. State
Fla. Dist. Ct. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
when a defendant has been designated a youthful offender, the court may not change that status by way of revocation of probation or community control.
examined Cited as authority (rule) Robin Eustache v. State of Florida (3×)
Fla. · 2018 · confidence medium
Cyr v. State , 106 So.3d 487 , 488-89 (Fla. 4th DCA 2013) (same); Josey v. State , 128 So.3d 247 , 248 (Fla. 2d DCA 2013) (same); Lachenauer v. State , 117 So.3d 880 , 880-81 (Fla. 4th DCA 2013) (same); Mistretta v. State , 99 So.3d 561 , 561-62 (Fla. 2d DCA 2012) (same); Christian , 84 So.3d at 442 (same); Tidwell v. State , 74 So.3d 503 , 503 (Fla. 2d DCA 2011) (same); Blacker , 49 So.3d at 788 (same); Johnson v. State , 41 So.3d 1115 , 1115 (Fla. 4th DCA 2010) (same); Hudson , 989 So.2d at 726 (same); Rogers v. State , 972 So.2d 1017 , 1019-20 (Fla. 4th DCA 2008) (same); see also Lewis v. S…
discussed Cited as authority (rule) Yegge v. State (2×)
Fla. Dist. Ct. App. · 2015 · confidence medium
See Lee v. State, 67 So.3d 1199, 1202 (Fla. 2d DCA 2011); accord Smith v. State, 143 So.3d 1023, 1024-25 (Fla. 4th DCA 2014); Jacques v. State, 95 So.3d 419, 420 (Fla. 3d DCA 2012); Christian v. State, 84 So.3d 437, 441-42 (Fla. 5th DCA 2012); Hudson v. State, 989 So.2d 725, 726 (Fla. 1st DCA 2008).
cited Cited as authority (rule) Siler v. State
Fla. Dist. Ct. App. · 2014 · confidence medium
Hudson v. State, 989 So.2d 725, 726 (Fla. 1st DCA 2008).
discussed Cited as authority (rule) Blacker v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
State v. Arnette, 604 So.2d 482, 484 (Fla.1992); Johnson v. State, 41 So.3d 1115 (Fla. 4th DCA 2010); Rogers v. State, 972 So.2d 1017, 1019 (Fla. 4th DCA), rev. denied, 988 So.2d 622 (Fla.2008); Hudson v. State, 989 So.2d 725, 726 (Fla. 1st DCA 2008); Gardner v. State, 656 So.2d 933, 937 (Fla. 1st DCA 1995) (“once a defendant is sentenced under the provisions of section 958.04, a court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04”).
William WALLACE, Petitioner,
v.
STATE of Florida, Respondent.
1D08-2629.
District Court of Appeal of Florida, First District.
Aug 29, 2008.
989 So. 2d 725
Per Curiam.
Cited by 1 opinion  |  Published

William Wallace, pro se, Petitioner.

Bill McCollum, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

We construe the petition for writ of mandamus herein as seeking an order compelling the clerk of the circuit court to either provide petitioner with a requested transcript or refund the payment petitioner tendered for that transcript. We deny the petition. The clerk's correspondence provided by petitioner reflects that the transcript at issue was never prepared and filed with the clerk, and that being the case, the clerk is under no ministerial duty to provide petitioner a copy. To the extent petitioner seeks a refund of his payment, the correspondence reflects a willingness on the part of the clerk to furnish that refund, and if that has not yet been accomplished, petitioner fails to show that he has attempted to resolve the matter with the clerk before seeking judicial intervention.

Finally, if petitioner believes the clerk is mistaken in its representation that the file does not contain a copy of the transcript he seeks, or he has unsuccessfully exhausted efforts to obtain a refund from the clerk, complaints of this nature should first be presented to the trial court. See Leichty v. Clerk of Circuit Court, Lake County, 948 So.2d 47 (Fla. 5th DCA 2007).

PETITION FOR WRIT OF MANDAMUS DENIED.

BARFIELD, WOLF, and PADOVANO, JJ., concur.