Florida/Georgia Personal Injury & Workers Compensation

...g the use or threat of violence to the person." (Emphasis added.) [6] Section 958.03(5), Florida Statutes (2006), defines "youthful offender" as "any person who is sentenced as such by the court or is classified as such by the department pursuant to s. 958.04." Further, trial judges have discretion under section 985.565(4)(a)(2), Florida Statutes (2006), to sentence defendants who qualify as youthful offenders either as adults, as youthful offenders, or as juveniles: If a child who has been tran...

...te law or a lesser included offense for which he or she was charged as a part of the criminal episode, the court may sentence as follows: a. As an adult; b. [As a youthful offender u]nder chapter 958; or c. As a juvenile under this section. Further, section 958.04(2) states: In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows: (a) The court may place a youthful offender under su...

...of three and one-half to four and one-half years incarceration. The district court held that the sentence in this case was a departure sentence, and that valid reasons for such departure must be set forth in writing under the Youthful Offender Act, section 958.04(3), Florida Statutes (1987)....

...nsferred properly *15 to the criminal division of the circuit court by the filing of the information. Cf. State v. Goodson, 403 So.2d 1337 (Fla. 1981) (the filing of an information acts as a transfer to the criminal division for purposes of invoking section 958.04(1)(a) of the Youthful Offender Act)....

...On May 17, 1979, Tyrone Goodson, age seventeen, pleaded guilty to two counts of armed robbery charged by indictment and moved to be sentenced under the Florida Youthful Offender Act, chapter 958, Florida Statutes (Supp. 1978). In denying the motion, the trial judge construed section 958.04(2) [1] of the act as being directory rather *1338 than mandatory in the classification of a defendant as a youthful offender....

...He then sentenced Goodson as an adult to two fifteen-year concurrent terms. [2] On appeal, the district court affirmed the judgment of the trial court, but for a different reason. The district court disagreed with the trial court's reasoning and held that section 958.04(2) is mandatory if the statutory prerequisites are met....

...Specifically, the district court found that Goodson had previously been convicted of a felony under subsection (2)(a) by virtue of the contemporaneous convictions of two counts of armed robbery. The district court denied both parties' motions for rehearing, but certified to this Court three questions. 1. Does section 958.04(2), Florida Statutes (Supp....

...1978) provide for mandatory classification if certain statutory prerequisites are satisfied? 2. Is a child charged by indictment considered "transferred for prosecution to the criminal division of the circuit court pursuant to chapter 39" so as to qualify for youthful offender classification under section 958.04(1)(a), Florida Statutes (Supp. 1978)? 3. If question 1 is answered in the affirmative, is a person excluded from mandatory classification under section 958.04(2)(a), Florida Statutes (Supp....

...In deciding whether the word "shall" should be construed as being mandatory or directory, we should look to the context in which it is found and the intent of the legislature as expressed in the statute. S.R. v. State, 346 So.2d 1018 (Fla. 1977). Within section 958.04, there are two types of statutory prerequisites: the eligibility requirements in subsection (1) and the disqualification requirements in subsection (2)....

...State, 393 So.2d 557 (Fla. 4th DCA 1980); Killian v. State, 387 So.2d 385 (Fla. 2d DCA 1980). With respect to the second question, the state argues that Goodson could not have been "transferred" to the criminal division of the circuit court as required by section 958.04(1)(a), since he was brought before the criminal division pursuant to an indictment and was never subject to the circuit court's juvenile division....

...We do not believe the legislature intended such a result. We find the district court's decision on this point to be very persuasive and therefore adopt it as our own. The final question certified to this Court concerns the construction of that portion of section 958.04(2)(a) which states that a person shall be classified as a youthful offender if such person has not "previously been found guilty of a felony......

...State, 393 So.2d 557 (Fla. 4th DCA 1980). We also note that the existence of two or more contemporaneous felony convictions does not preclude a defendant from being classified as a youthful offender, it merely excludes him from mandatory classification as such. See § 958.04(3), Fla. Stat. (Supp. 1978). We answer the third question in the affirmative. In summary, we hold that the word "shall" as used in section 958.04(2) is mandatory rather than directory; that a minor initially proceeded against by indictment is to be considered "transferred for prosecution to the criminal division" for purposes of section 958.04(1)(a); and, that respondent's two simultaneous convictions for armed robbery excluded him from mandatory classification as a youthful offender by virtue of section 958.04(2)(a)....

...McDONALD, Justice: "I concur with the first two points but partially dissent on the last. Goodson committed two distinct crimes on different days. I would hold that the adult sentence is proper for the second offense but that he should have been sentenced as a juvenile for the first offense." NOTES [1] 958.04 Eligibility for youthful offender; classification....

...We hereby withdraw it and substitute the following in its stead. Clarence L. Clem On August 29, 1979, a jury found Clem guilty of robbery with a weapon. On December 28, 1979, the circuit court adjudicated him guilty and, without objection by the State, exercising its discretion under Section 958.04(1), Florida Statutes (1979), directed that Clem be sentenced as a youthful offender....

...We conclude that neither party's position is correct and reverse and remand for resentencing. Bloodworth was originally sentenced as a youthful offender to 6 years' incarceration, 2 years suspended, in lieu of which he was to serve 2 years' probation. His sentence was modified to 4 years' probation pursuant to section 958.045(5)(c), Florida Statutes (1997)....

...Bloodworth contends that the trial court was limited to sentencing him to 2 years upon revocation of his probation, and the State contends that the trial court could have sentenced him to the original 6 years. Our reading of the youthful offender statute leads us to conclude that neither of these contentions is correct. Section 958.045(5)(c) of the youthful offender statute specifically provides that "[i]f the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation." Section 958.04(2)(b) specifies that a court may impose as a condition of probation a period of incarceration not exceeding 364 days "in a county facility, a department probation and restitution center, or a community residential facility which is own...

...State, 678 So.2d 525 (Fla. 5th DCA 1996); Johnson v. State, 574 So.2d 222 (Fla. 5th DCA 1991). That version provided that "[i]f the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed." § 958.04(4)(e), Fla....

...nal prison terms with credit for time served. As can be seen, the 1991 version of the statute did not limit a trial court, as the 1997 version of the statute does, to "any sentence that it might have originally imposed as a condition of probation. " § 958.045(5)(c), Fla. Stat. (1997) (emphasis supplied). [1] The reason for this change in section 958.045(5)(c) is unknown to us, and our review of the legislative history of the statute provided no insight....

...o no more than 364 days in a specified facility with credit for time served. Reversed and remanded. SALCINES, J., and DANAHY, PAUL W. (SENIOR) JUDGE, Concur. NOTES [1] The 1999 version of the statute is identical to the 1997 version in this respect. § 958.045(5)(c), Fla....

...[5] Since we find that Postell was not eligible to be classified as a youthful offender, we leave for another day the decision whether the sentencing benefits of the Youthful Offender Act must be accorded to one who meets the eligibility requirements of Section 958.04(1), Florida Statutes (Supplement 1978), and is not disqualified under Section 958.04(2), Florida Statutes (Supplement 1978). [6] The pertinent provisions of the act are: "958.04 Eligibility for youthful offender; classification....

...as been withheld; or "(b) Has not been adjudicated delinquent for an act which would be a capital, life, or first degree felony if committed by an adult." (emphasis supplied). The trial court found that Postell was ineligible under subsection (c) of Section 958.04(1), supra, to be classified as a youthful offender for the reason that a weapon *1162 was obtained in the house of the victim during the commission of the burglary, elevating that offense from a first-degree felony to a life felony under Section 775.087(1)(a), Florida Statutes (1977)....

...City of St. Petersburg, 281 So.2d 549 (Fla. 2d DCA 1973); Leavstrom v. Muston, 119 So.2d 315 (Fla. 3d DCA 1960). Postell was, in fact, ineligible for classification as a youthful offender because she did not meet the separate requirement of subsection (a) of Section 958.04(1), that is, she was not a person "......

...Thomas challenges the trial court's summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant asserts that his sentence of a ten year period of incarceration was illegal because, under section 958.04(2)(b), Florida Statutes (1995), the trial court could impose a maximum period of incarceration of no greater than 364 days upon his violation of probation that followed successful completion of the basic training program of the Department of Corrections. We agree and reverse. The Department's basic training program, or so-called "boot camp," is a program for youthful offenders that is modeled after the military's basic training regimen. See § 958.045, Fla....

..., 19 J. Juv. Law 318, 322 (1998). When a defendant who has been sentenced as a youthful offender successfully completes boot camp, the trial court is constrained to reduce the defendant's remaining term of incarceration to a period of probation. See § 958.045(5)(c), Fla....

...If a youthful offender who has successfully completed boot camp subsequently violates the probation that follows, the trial court may impose a period of incarceration not to exceed 364 days. See Bloodworth v. State, 769 So.2d 1117 (Fla. 2d DCA 2000); see also § 958.04(2)(b), Fla....

...3d DCA 2002), persuasive. As the appellant, Sada was not initially sentenced under the youthful offender statute. However, he was classified as a youthful offender by the Department of Corrections, received trial court approval to attend boot camp as required by section 958.045(2), Florida Statutes (1997), and subsequently attended boot camp. Thereafter, upon successful completion of boot camp, the trial court refused to reduce his sentence to probation in accordance with section 958.045(5)(c)....

...Despite the original adult sanction, the appellant has been designated a youthful offender for purposes of sentencing, has received court approval to attend boot camp, has successfully completed boot camp, and has been resentenced to probation pursuant to section 958.045(5)(c). Thus, upon violation of probation, the appellant could have been sentenced to no more than 364 days in jail under section 958.04(2)(b) and Bloodworth....

...Goodson moved to correct an illegal sentence after he was sentenced to two fifteen-year *1336 consecutive sentences for two counts of armed robbery. Fla.R.Crim.P. 3.800(a). He alleged that the trial court erred in failing to classify him as a youthful offender under the guidelines of section 958.04(2), Florida Statutes (Supp....

...cases where a child prosecuted as an adult needs a more restrictive environment than that available under chapter 39. See §§ 39.111(1), (5)(b), and (6). However, in the context of providing a sentencing alternative to traditional adult sanctions, section 958.04(2) mandates youthful offender classification if the criteria are met....

...of the circuit court pursuant to chapter 39. [Emphasis supplied.] An examination of chapter 958 in its entirety shows that eligibility is extended not only to transferred children, but to young adults committing crimes between the ages of 18 and 21. § 958.04(1)(b). Chapter 958 makes no distinctions between treatment *1337 accorded indicted persons and other persons. Thus, it appears if we were to accept the Postell rationale, under the disjunctive language in section 958.04(1)(a) above, a 13-year-old indicted child would be ineligible for youthful offender treatment, ( Postell, supra) whereas a 19-year-old indicted person, never within the scope of chapter 39, would be eligible....

...dults. Although we have rejected the foregoing points raised to sustain the order, we find merit to the proposition that appellant does not qualify for treatment under the mandatory provisions because he has previously been found guilty of a felony. § 958.04(2)(a)....

...Otherwise, the legislature has wisely provided for discretionary sentencing, with the court considering, among other things, the likelihood of reasonable rehabilitation and whether classification would reflect the seriousness of the offense, promote respect for law, and provide just punishment. § 958.04(3)(f), (g)....

...ON MOTIONS FOR REHEARING AND REQUEST FOR CERTIFICATION McCORD, Judge. We adhere to our original opinion, rejecting the state's argument that chapter 80-321, Laws of Florida, deleting mandatory classification, in any way indicates the legislature intended section 958.04(2), Florida Statutes (Supp....

...1978) to be discretionary when initially enacted. However, we agree that our opinion passes upon several questions of great public importance and we hereby certify those questions so that the Supreme Court may have an opportunity to review them. Fla. R.App.P. 9.030(a)(2)(A)(v). 1. Does section 958.04(2), Florida Statutes (Supp....

...1978) provide for mandatory classification if certain statutory prerequisites are satisfied? 2. Is a child charged by indictment considered "transferred for prosecution to the criminal division of the circuit court pursuant to chapter 39" so as to qualify for youthful offender classification under section 958.04(1)(a), Florida Statutes (Supp. 1978)? 3. If question 1 is answered in the affirmative, is a person excluded from mandatory classification under section 958.04(2)(a), Florida Statutes (Supp....

...[3] Notably, chapter 78-414, amending the waiver provisions of § 39.02(5)(a) to refer to § 39.111(6), simultaneously added subsections (5)(d) and (6). [4] Of course, youthful offender treatment would be denied any child, indicted or not, if convicted of a capital or life felony. § 958.04(1)(c)....

...elow. In 1979 Arnette, then fifteen years old, pled guilty to armed burglary and false imprisonment. He originally received a sentence of fifteen years for the burglary and five years for the false imprisonment. Because he met the requirements of subsection 958.04(2), Florida Statutes (1979), for sentencing as a youthful offender, the court changed his sentence to four years' imprisonment to be followed by two years' community control, the maximum allowed under subsection 958.05(3)....

...d as such to a probationary split sentence and thereafter violated probation he may be "resentenced" to confinement for the maximum statutory period for the offense involved without limitation to the four year provision of the Youthful Offender Act (section 958.04(2)(c) and (d), Florida Statutes), contrary to the holdings in Brown v....

...[3] Provided the crime is of the second degree or higher. [4] In State v. Watts, 558 So.2d 994 (Fla. 1990), this Court interpreted the post-amendment version of the Youthful Offender Act, which limited incarceration to "a period of not more than 6 years." § 958.04(2)(d), Fla....

...McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur. NOTES [*] Section 958.05, in effect at the time of petitioner's sentencing, was repealed by Laws of Florida (1985), c. 85-288, § 27 (effective July 1, 1985), and replaced by section 958.04. Although we decide the issue presented based solely upon our construction of section 958.05, we note that the current provision, section 958.04(2)(d), expressly provides that which we today find implied in its predecessor: (2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows: ......

...MINIMUM MANDATORY TERM Kelly's first argument is that a minimum mandatory term cannot be imposed in sentencing a youthful offender. In Porter v. State, 702 So.2d 257 (Fla. 4th DCA 1997), the court held that because a sentence imposed under the Youthful Offender Act, section 958.04, Florida Statutes (1997), is "in lieu of other criminal penalties authorized by law," a defendant sentenced under that act may not also be subjected to a minimum mandatory sentence for use of a firearm....

...Don't make me. Preston's argument on appeal is essentially that because he met the requirements entitling him to be designated as a youthful offender and because sentencing under the Youthful Offender Act is mandatory if a defendant meets the requirements of Section 958.04(1), Florida Statutes (1979), State v....

...Section 958.021, Florida Statutes (1997), expresses the legislative intent that youthful offender sentencing be considered “an alternative to be used in the discretion of the court.” There is no dispute that Blacker initially received a youthful offender sentence in accordance with section 958.04(3). A sentence imposed under the Florida Youthful Offender Act §§ 958.011-.15, Fla. Stat. (1997), is “[i]n lieu of other criminal penalties authorized by law ...” § 958.04(2), Fla....

...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”)....

...rt or classified as such by the department ...”). Also, the Department of Corrections is authorized to recommend a modification of sentence and early termination for youthful offenders who successfully participate in the youthful offender program. § 958.04(2)(d), Fla....

...On August 3, 1981, Lee pleaded guilty to second-degree murder and was sentenced to 120 years in prison. Because the offense occurred on November 18, 1980, when he was seventeen years old, Lee argued that he should have been classified as a youthful offender under section 958.04(2), Florida Statutes (1979). [2] After the circuit court denied his motion to correct an illegal sentence, he appealed to the First District Court of Appeal. The district court found that the 1980 version of section 958.04(2) applied in Lee's case, which only mandated consideration of the criteria contained in the statute....

...offender treatment based on the erroneous conclusion that he was ineligible for such classification. Consequently, the *1160 district court certified the question at issue to this Court. The district court correctly recognized that Lee's reliance on section 958.04(2), Florida Statutes (1979), is misplaced. Lee's crime was committed on November 18, 1980; the effective date of section 958.04, Florida Statutes (Supp.1980), was October 1, 1980....

...Ch. 80-321, § 1, at 1388, Laws of Fla. It is clear that under the 1980 version, the judge was only required to consider whether or not to sentence a defendant meeting the statutory requirements as a youthful offender, using the enumerated factors. § 958.04, Fla.Stat....

...Id.; see also State v. Callaway, 658 So.2d 983 (Fla.1995). Although Lee's sentence exceeds the maximum prescribed for youthful offenders, it does not exceed the maximum prescribed for second-degree murder. While the trial judge's failure to consider section 958.04 in sentencing Lee may have been error, it would have been error which was cognizable on direct appeal....

...It is, by its plain language, a vehicle for correcting an illegal sentence. Because the error was cognizable on direct appeal, and because the judge possessed the discretion to refuse to classify Lee 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 in Davis....

...KOGAN, C.J., and OVERTON, SHAW, GRIMES, WELLS and ANSTEAD, JJ., concur. NOTES [1] Florida Rule of Criminal Procedure 3.800(a) provides that "A court may at any time correct an illegal sentence imposed by it or an incorrect calculation made by it in a sentencing guideline scoresheet." Fla.R.Crim.P. 3.800(a). [2] Section 958.04, Florida Statutes (1979), provides: Eligibility for youthful offender; classification.— (1) The court may classify as a youthful offender any person: (a) Who is at least 18 years of age or who has been transferred for prosecution to t...

...(a) Has not previously been found guilty of a felony, whether or not the adjudication of guilt has been withheld; or (b) Has not been adjudicated delinquent for an act which would be a capital, life, or first degree felony if committed by an adult. § 958.04, Fla.Stat. (1979). [3] The 1980 version of section 958.04(2) contains discretionary language: "The following criteria shall be considered in determining whether to classify as a youthful offender a person who meets the requirements of subsection (1)...." § 958.04(2), Fla.Stat....

...Kepner's recommended guidelines sentence called for twelve to seventeen years of incarceration. The trial judge, however, sentenced Kepner as a youthful offender to four years of incarceration to be followed by two years of community control. This six years of sanctions is the maximum youthful offender sentence. § 958.04(2)(a), Fla....

...n reasons for the less severe sentence. Originally, the sentencing guidelines did not apply to any alternative sentencing schemes, including youthful offender sentencing. In 1985, however, the legislature amended chapter 958 extensively and added subsection 958.04(3), to read as follows: (3) The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...Diers, 532 So.2d 1271 (Fla. 1988), we considered the second sentence of paragraph (3) and held that it did not give the state the right to appeal a youthful offender sentence of less than the recommended guidelines sentence. Two years after enacting subsection 958.04(3) the legislature amended the second sentence of that paragraph to read: "A sentence imposed outside of such guidelines shall be subject to appeal pursuant to s....

...liberty to ensure the protection of society. Id. To this end, courts may place youthful offenders on probation or community control, with a period of incarceration as a condition of either, but the total period of sanctions cannot exceed six years. § 958.04(2). Both sides, Kepner on one and Green and Nealy on the other, have reached logical conclusions on this issue, based on which sentence of subsection 958.04(3) they considered....

...uthful offender sentence is greater than that recommended by the guidelines. This conclusion, however, does not end our inquiry. In construing statutes, we must, to the extent possible, give effect to all parts of a statute. The first sentence of subsection 958.04(3) requires written reasons only for an upward departure from the recommended sentence....

...Third, if the recommended guidelines sentence is six years or greater and the court imposes a less-than-maximum youthful offender sentence, i.e., less than six years, the court must provide written reasons for departure. We believe this conclusion strikes the best balance between the wording of subsection 958.04(3) and the purpose and intent of the sentencing guidelines and the youthful offender statute....

...s not conflict with the instant opinion. It is so ordered. OVERTON, McDONALD, BARKETT and KOGAN, JJ., concur. SHAW, C.J., dissents with an opinion. GRIMES, J., dissents with an opinion, in which HARDING, J., concurs. SHAW, Chief Justice, dissenting. Section 958.04(3), Florida Statutes (1989), provides: (3) The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...matter for the legislature to address, not this Court. The majority's holding, in my opinion, is tortuous and will spawn error. GRIMES, Justice, dissenting. Among the 1985 amendments to the Florida Youthful Offender Act, subsection (3) was added to section 958.04 to read as follows: (3) The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...e guidelines. I respectfully dissent. HARDING, J., concurs. NOTES [1] Ch. 958, Fla. Stat. (1989). [2] § 921.001, Fla. Stat. (1989); Fla.R.Crim.P. 3.701. [3] The 1987 amendment also deleted the words "clear and convincing" from the first sentence of § 958.04(3), but that wording change is not pertinent to this case....

...s' probation. When Mr. Blaxton violated his probation, the circuit court sentenced him to 44 months of continued probation, with a special condition that Mr. Blaxton serve 364 days' imprisonment. Because this sentence is not permitted under sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes (1997), we reverse. Section 958.045 outlines the parameters for the youthful offender boot camp program....

...The term of probation may include placement in a community residential program. If the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation. Section 958.04(2)(b), Florida Statutes (1997), provides: *621 The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in either a county facility, a department pro...

...1st DCA 2002). Similarly in this case, when resentencing Mr. Blaxton upon the violation of his probation, the circuit court could not reimpose probationary terms beyond the 364-day period of incarceration. As interpreted in Bloodworth, pursuant to section 958.045(5)(c), the court may "impose any sentence that it might have originally imposed as a condition of probation." 769 So.2d at 1118. A court cannot impose probation as a condition of probation. Therefore the extended period of probation in Mr. Blaxton's sentences must be stricken. The language of section 958.045(5)(c) may warrant further review by the legislature....

...With passage of the Youthful Offender Act in 1978, see Chapter 78-84, Laws of Florida, the legislature created an alternative sentencing scheme available to judges when sentencing a criminal defendant younger than 21 years of age at the time of sentencing. § 958.04(1), Fla. Stat. (2011). 3 Youthful offender sentencing is not available for defendants guilty of a capital or life felony, see section 958.04(l)(c), Florida Statutes (2011), or for defendants who have been sentenced pursuant to the Youthful Offender Act for a prior offense....

...sed pursuant to the Youthful Offender Act. See, e.g., Mendez v. State, 835 So.2d 348 (Fla. 4th DCA 2003). This is because a “sentence imposed under the Act is ‘[i]n lieu of other criminal penalties authorized by law....’” Id. at 349 (quoting § 958.04(2), Fla. Stat. (2001)). Finally, section 958.04(2)(d) affords defendants sentenced as a youthful offender an opportunity to have his or her sentence modified or reduced, upon recommendation by the Department of Corrections, “for successful participation in the youthful offender program ...” 5 Id....

...That holding dealt only with the affect of a community control violation (in that case, a new crime violation) on sentencing for the original offense. As to any new offenses, of course, the Youthful Offender Act itself expressly bars youthful offender sentencing for a defendant previously sentenced as a youthful offender. § 958.04(l)(c), Fla....

...2008-250, § 7, Laws of Fla. . This is the age requirement in the current version of the Youthful Offender Act. Under the earlier version, eligibility for youthful offender sentencing was determined based upon the age of the defendant at the time of the offense. § 958.04, Fla....

...d been separately charged and prosecuted. . This reduction of sentence benefit also applies to inmates who are not sentenced by the court as a youthful offender, but are nonetheless classified as a youthful offender by the Department of Corrections. § 958.04(2)(d), Fla. Stat. (2011). . The Youthful Offender Act also requires the Department to operate a "basic training” program for youthful offenders, see § 958.045, Florida Statutes (2011), and authorizes courts to sentence youthful offenders to county-operated "boot camp” programs in lieu of prison. § 958.046, Fla....

...____ The defendant is hereby committed to the custody of the Department of Corrections. ____ The defendant is hereby committed to the custody of the Sheriff of _______ County, Florida. ____ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes....

...ituated defendants; and 3) the court erred in denying his 3.800(b)(2) motion to correct certain costs imposed against him. Appellant also raises a facial challenge to the constitutionality of Florida’s Youthful Offender Act as amended in 2008. See § 958.04(l)(b), Fla....

...otion based on his allegedly disparate sentence without an evidentiary hearing. Accordingly, we affirm on these grounds without further discussion. However, we write to reverse the costs imposed against Appellant and address the constitutionality of section 958.04(l)(b), Florida Statutes....

...s amended in 2008. By way of background, in 1978, the legislature passed the Youthful Offender Act, thus creating an alternative sentencing scheme available to judges when sentencing certain youthful criminal defendants. See Ch. 78-84, Laws of Fla.; § 958.04(1), Fla....

...erms of their confinement.” § 958.021, Fla. Stat. Youthful offender sentencing is not available for defendants guilty of a capital or life felony or for defendants who have been sentenced pursuant to the Youthful Offender Act for a prior offense. § 958.04(l)(c), Fla. Stat. Youthful offender sentencing is discretionary and features a six-year sentencing limit applicable to the original sentence and to any sentence imposed following a technical or non-substantive violation of probation. § 958.04(2)(a), Fla....

...This six-year cap applies even to crimes with higher minimum mandatories. See Mendez v. State, 835 So.2d 348, 349 (Fla. 4th DCA 2003). Prior to 2008, youthful offender sentencing was available to a defendant who “committed [an eligible crime] before the defendant’s 21st birthday.” § 958.04(1)(b), Fla....

...However, in 2008, the legislature amended the youthful offender statute so that a court can only impose a youthful offender sentence if the “offender is younger than 21 years of age at the time sentence is imposed.” Ch. 2008-250, § 7, Laws of Fla.; § 958.04(1)(b), Fla....

...etely discretionary). Accordingly, as no fundamental right is implicated, Appellant’s equal protection argument is subject to a rational basis analysis. Appellant correctly points out that the “at the age of sentencing” limitation contained in section 958.04(l)(b) has the effect of classifying and treating defendants who commit crimes between the ages of eighteen and twenty-one and are sentenced before they turn twenty-one different from defendants who commit crimes between the ages of eighteen and twenty-one but are sentenced after their twenty-first birthday....

...Because there is no fundamental right to a youthful offender sentence, the statute is not subject to strict scrutiny and must only pass the rational basis test. As discussed above, it does. Thus we also reject Appellant’s substantive due process challenge to section 958.04(l)(b)....

...sentence. After careful consideration of his impassioned argument and despite error in the sentencing process, we affirm both cases. Following his plea to the crime of DUI manslaughter, Mr. Nolte sought a sentence as a youthful offender pursuant to section 958.04, Florida Statutes (1995)....

...If reasonable men could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion." Canakaris v. Canakaris, 382 So.2d 1197, 1204 (Fla. 1980). Although Mr. Nolte meets the statutory criteria for youthful offender sentencing, section 958.04 provides that the court "may sentence" a person who meets the criteria as a youthful offender....

...l court sentenced the appellant to three years incarceration, pursuant to the Youthful Offender Act, chapter 958, Florida Statutes (1995), with three years probation to follow, along with a three-year minimum mandatory sentence for use of a firearm. Section 958.04(2), Florida Statutes (1995), provides that a sentence imposed thereunder is "[i]n lieu of other criminal penalties authorized by law." Defendants sentenced under the Youthful Offender Act may not also be subjected to a minimum mandatory sentence....

...Offender law under which Therrien appears to have been sentenced provides that "[i]n lieu of other criminal penalties authorized by law ... [t]he court may place a youthful offender under supervision on probation or in a community control program." § 958.04(2)(a), Fla....

...Stat. (1979). As a result, pursuant to section 775.087(1), Florida Statutes (1979), the offense was enhanced from that of a first degree felony to that of a life felony and thus Trenary did not qualify for sentencing under the Youthful Offender Act as section 958.04(1)(b), Florida Statutes (1979), requires, among other things, that the offense not exceed a first degree felony....

...ently complied with that agreement, as evidenced by comments that the total period of supervision was six years (2 1/2 of prison followed by 3 1/2 of probation). Thus, it appears that appellant was sentenced as a youthful offender in all four cases. Section 958.04, Florida Statutes (1987), authorizes a trial court to sentence a defendant who is between the ages of 18 and 21 as a youthful offender. The court may place a youthful offender on probation or in a community control program, impose a split sentence of probation or community control after completion of a specified period of incarceration, or impose a period of incarceration. § 958.04(2)(a)-(d), Fla....

...a period not exceeding the statutory maximum for the offense, whichever is less, with credit for time served while incarcerated. Watson v. State, 528 So.2d 101, 103 (Fla. 1st DCA 1988). Moreover, 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....

...ntences of not more than six years, with credit for time served. *938 Applying the above law to the instant case shows that the sentence imposed on May 22, 1992, in Case No. 88-2874, must be reversed, because it exceeds the six-year limit set out in section 958.04. It was not until this final revocation that appellant was actually sentenced to prison, and at that time he was sentenced to five years of incarceration, with credit for 571 days time served, followed by five years of probation. Section 958.04(2)(c) provides, however, that "[t]he period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed 6 years." Since the total sentence here is ten years, the statute has been violated and appellant's sentence for Case No....

...orida Statutes, by sentencing appellant as a youthful offender. The youthful offender sentencing statute itself expressly provides that the sentencing alternatives prescribed therein are "[i]n lieu of other criminal penalties authorized by law... ." Section 958.04(2), Florida Statutes (1993)....

...Hernandez's use of the term suggested drugs were involved in the crime. . Although petitioner faced a mandatory minimum of twenty years under the 10-20-Life statute, he was subject to a maximum sentence of only six years if sentenced as a youthful offender. See § 958.04(2), Fla....

...1st DCA 2008) (“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.”); Gardner v. State, 656 So.2d 933, 937 (Fla. 1st DCA 1995) (holding that “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”)....

...We reverse the sentence entered below for the following reasons. (1) Appellant's aggregate 54 month youthful offender sentence exceeded the maximum recommended range established by the statewide sentencing guidelines. The trial court gave no written reasons to justify a departure. § 958.04(3), Fla....

...e of Criminal Procedure 3.800(c), moved to mitigate his sentence, offering to waive all time served in exchange for a youthful offender sentence. The court granted Richardson's motion and imposed a six-year mitigated sentence as a youthful offender, § 958.04, Fla....

...the nature of their crimes.... [W]e do not believe that the legislature intended for a young first-time offender who meets the requirements of chapter 958 to automatically receive a [minimum] mandatory sentence, as defendant would in this case. See § 958.04(2), Fla....

...Gen., Daytona Beach, for appellee. PER CURIAM. The defendant, a youthful offender, was convicted of two offenses and sentenced to 30 months incarceration as to each offense. The defendant was screened and placed in the basic training program provided for in section 958.04(4), Florida Statutes. Upon the satisfactory completion of that program the trial court issued an order modifying the sentence imposed and placing the defendant on probation as provided for in section 958.04(4)(e)....

...tence. State v. Green, 547 So.2d 925 (Fla. 1989). However, there is another, more fundamental, legal infirmity with the two second sentences. [1] As to the two offenses involved, the defendant was not originally given split sentences as permitted by section 958.04(2)(c), Florida Statutes....

...it a "probationary split-sentence" as distinguished from a true split sentence, and held that a second sentence could constitutionally be imposed on a defendant after he violated the probationary portion of such a "probationary split sentence". [2] Section 958.04(4)(e), Florida Statutes, provides that when a youthful offender has successfully completed a basic training program, the trial court is required to "modify" the sentence and place the offender on probation and that if the offender viol...

...the service of a valid sentence the court cannot, constitutionally, again sentence him for "the same offense", or make the original sentence more onerous. [4] The legislature cannot authorize a violation of this fundamental constitutional right and section 958.04(4)(e) cannot constitutionally authorize, even after violation of probation, a second sentence imposing punishment *225 more onerous or severe than that which has been imposed by a prior valid sentence on the same conviction of what is...

...nstitutionally "the same offense." The imposition of a second sentence of 42 months for the same offense for which the defendant was originally sentenced to 30 months in this case violates the defendant's constitutional double jeopardy rights. Under section 958.04(4)(e), Florida Statutes, the imposition of a true split sentence would avoid any double jeopardy problem because only one sentence is imposed although a portion of that sentence may be temporarily suspended during a probationary period...

...rely recommitted to continue to serve the remainder, if any, of the original sentence. The circumstances of this case should not be confused with those involved in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), because section 958.04(4)(e) purports to authorize, indeed, to mandate, the trial court to "modify" a valid sentence, and there is no "resentencing" resulting from a defendant's appeal seeking reversal of a prior conviction or sentence as in North Carolina v....

...____ The defendant is hereby committed to the custody of the Department of Corrections. ____ The defendant is hereby committed to the custody of the Sheriff of ____ County, Florida. ____ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes....

...Gibson, Public Defender and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. The defendant was originally classified as a youthful offender under section 958.04, Florida Statutes (1981), and sentenced on September 9, 1982, to confinement for a period (term) of four and one-half years less credit for 123 days of jail time....

...ence imposed upon the defendant, and direct that the defendant be placed upon probation after serving such period as may be imposed by the court. (emphasis supplied) Since the imposition of the original sentence in this case, both section 948.01 and section 958.04 have been amended and sentencing guidelines have been adopted, but such amendments and changes, are not, of course, relevant to a proper determination of the nature of the original sentence imposed in this case....

...n 948.01(8), Florida Statutes (1985). It now includes provision for community control in lieu of probation. Since 1983, section 921.187(1)(g), Florida Statutes, also authorizes split sentences (see Brown v. State, 460 So.2d 427 (Fla. 5th DCA 1984)). Section 958.04, Florida Statutes, relating to youthful offenders, was amended by chapter 85-288, section 20, Laws of Florida, effective July 1, 1985, to expressly provide in section 958.04(2)(c), Florida Statutes (1985), that sentences of youthful offenders can, with certain limitations, be split between periods of confinement and periods of probation or community control. [7] The 1985 amendment to section 958.04, Florida Statutes should eliminate the problems that concerned the courts in the cases last cited above....

...State, 356 So.2d 846 (Fla. 4th DCA), cert. denied, 361 So.2d 835 (Fla. 1978); Fla.R.Crim.P. 3.670. However, adjudication can be withheld under the Youthful Offender Act if the incarceration is a condition of probation and the term of incarceration does not exceed 364 days. § 958.04(2)(a) and (b), Fla....

...to community control for two years, followed by four years of probation on each count to run concurrently. The State of Florida appeals the sentence imposed contending that the trial court erred by entering a youthful offender sentence, pursuant to section 958.04, Florida Statutes (1999), and not applying the minimum mandatory of the new 10/20/ Life statute....

...2d DCA 1989), this court held that the three-year minimum mandatory for use of a firearm provided by section 775.087(2) did not apply to a youthful offender. In Porter v. State, 702 So.2d 257 (Fla. 4th DCA 1997), the Fourth District held that because a sentence imposed under the Youthful Offender Act, section 958.04, Florida Statutes (1997), was in lieu of other criminal penalties authorized by law, a *410 defendant sentenced under that act could not also be subjected to a minimum mandatory sentence for use of a firearm....

...3d DCA 1985), but certified the issue as a matter of great public importance. In Goodson, the district court rejected the proposition that a child charged by indictment was not "transferred" for purposes of qualifying for sentencing as a youthful offender under section 958.04(1)(a), Florida Statutes (Supp....

...ragraph imposes juvenile sanctions under s. 39.111(6). Ch. 81-269, § 1, Laws of Fla. (emphasis supplied). Section 39.02(5)(c)3., Florida Statutes (1981), removes the anomaly referred to in Goodson by establishing consistency with the stipulation in section 958.04, Florida Statutes (1985), that no person may be sentenced as a youthful offender who has been found guilty of a capital or life felony....

...State, 385 So.2d 721 (Fla.3d DCA 1980); Russell v. State, 386 So.2d 285 (Fla. 4th DCA 1980); and Olcott v. State, 378 So.2d 303 (Fla.2d DCA 1979). With respect to appellant's status as a youthful offender, there is no dispute that he was under 21 years of age and met the criteria of § 958.04(2), Florida Statutes, as to absence of specified previous convictions....

...But the state contends that the offense of second degree murder under § 782.04(2), Florida Statutes, to which appellant pled nolo contendere, is not "a crime which is, under the laws of this state, a felony of the first ... degree " [emphasis supplied] within the terms of § 958.04(1)(b)....

...That offense is accordingly not excluded by the clear language of the youthful offender law but instead is within its explicit terms requiring such classification for one otherwise qualified whose offense "is, under the laws of this state, a felony of the first ... degree... ." § 958.04(1)(b) and (2)....

...On appeal, he argues that the trial court erred in sentencing him to more than 364 days in prison because Florida's youthful offender statute limits incarceration for youthful offenders to 364 days upon successful completion of boot camp. For support, he cites to sections 958.04 and 958.045, Florida Statutes (2002), and cases construing those statutory provisions. The state responds that these provisions do not apply to the defendant because he was not committed to the boot camp program operated by the Department of Corrections pursuant to section 958.045. Section 958.045 governs the department's youthful offender basic training program, commonly referred to as "boot camp." Subsection (5)(c) provides in part: Upon the offender's completion of the basic training program, the department shall submit a report to the court that describes the offender's performance....

...tence imposed and placing the offender on probation.... If the offender violates the conditions of probation, the court may revoke probation and impose any sentence that it might have originally imposed as a condition of probation. (Emphasis added). Section 958.04(2)(b), which governs the disposition of youthful offenders generally, states: The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in either a co...

...rograms operated by the Department of Corrections. Here, the defendant was not placed in the department's boot camp program, but was committed to the county's boot camp facility. Consequently, the trial court's sentencing authority is not limited by section 958.045(5)(c)....

...[1] Unlike the detailed provisions of the statute pertaining to the department's boot camp programs, the statute concerning county-run programs merely states: In counties where there are county-operated youthful offender boot camp programs, other than boot camps described in s. 958.04 or s. 985.309, the court may sentence a youthful offender to such a boot camp. In county-operated youthful offender boot camp programs, juvenile offenders shall not be commingled with youthful offenders. § 958.046, Fla. Stat. (2003). There are no provisions in the Youthful Offender Act requiring application of rules governing department boot camp facilities to the county-run programs. Moreover, the statute contains no specific provision comparable to section 958.045(5)(c) limiting sentences for youthful offenders who complete a county boot camp....

...The appellant was convicted of selling cocaine within 1,000 feet of a school. Conviction for that crime requires the imposition of a three-year mandatory minimum sentence. § 893.13(1)(e), Fla. Stat. (1989). Appellant was sentenced as a youthful offender pursuant to section 958.04, Florida Statutes....

...State, 476 So.2d 318 (Fla. 2d DCA 1985); Ellis v. State, 475 So.2d 1021 (Fla. 2d DCA 1985); Patterson v. State, 408 So.2d 785 (Fla. 2d DCA 1982); Whitlock v. State, 404 So.2d 795 (Fla. 3d DCA 1981). See also State v. Diers, 532 So.2d 1271 (Fla. 1988). The 1987 amendment to section 958.04(3) has recently been construed to permit the state to appeal youthful offender sentence terms below the sentencing guidelines....

...uidelines under certain circumstances. We can discern, however, no reason to apply the Kepner reasoning to sentencing provisions of general law, other than guideline departures, that may be inconsistent with the purpose of the Youthful Offender Act. Section 958.04(3), Florida Statutes, refers exclusively to appeals of sentencing guideline issues....

...a written finding, pursuant to section 39.111(7)(c), Florida Statutes, as to Lester's suitability for adult sanctions. The oral sentence also placed Lester under the supervision of H.R.S. rather than the Department of Corrections in contravention of section 958.04, Florida Statutes....

...Evans, 503 So.2d 985 (Fla. 5th DCA 1987). We have jurisdiction pursuant to article V, section 3(b)(3) of the state constitution. Diers held that the state could not appeal the sentence of a defendant sentenced pursuant to the Youthful Offender Act (section 958.04, Florida Statutes (1985)) even though the youthful offender sentence was less than that prescribed by the sentencing guidelines....

...1984); see Whitehead v. State, 498 So.2d 863 (Fla. 1986) (habitual offender act). In 1985, in the action we deemed decisive in this case, the legislature directly addressed the present guidelines Youthful Offender issue by adopting an amendment to the Y.O.A., section 958.04(3), which provides: The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to § 921.001 unless clear and convincing reasons are explained in writing by the trial court judge....

...by the prosecution to which it did not refer. Similarly, the notions that the specific controls the general, 49 Fla.Jur.2d Statutes § 182, and that later enactments control earlier ones, 49 Fla.Jur.2d Statutes § 181, lead to the determination that section 958.04(3) takes precedence both over the 1984 general amendment to the guidelines, see The Florida Bar, 451 So.2d at 824, and over section 924.07(5) under which the state has the broad and general right to appeal from downward departures. Finally, since section 924.06(1)(c) gives the defendant the right to appeal from any upward departure, there would be no purpose to granting that right in section 958.04(3), see 49 Fla.Jur. 2d Statutes § 179; Alexander v. Booth, 56 So.2d 716 (Fla. 1952) (every statute deemed to serve useful purpose), unless the legislature meant section 958.04(3) to occupy the field of the reviewability of sentences imposed under the Y.O.A. See State v. C.C., 476 So.2d 144 (Fla. 1985). We believe, in sum, that section 958.04(3) represents a conscious decision by the legislature that an appropriate employment of the Y.O.A....

...offender. Although section 893.135, Florida Statutes, under which Mendez was charged, authorizes such penalties, the youthful offender statute does not provide for mandatory minimum terms or the imposition of fines in sentencing youthful offenders. § 958.04(2)(d), Fla. Stat. (2001). The Youthful Offender Act is a separate statutory scheme for treating young defendants to whom the Act applies. A sentence imposed under the Act is "[i]n lieu of other criminal penalties authorized by law...." § 958.04(2), Fla....

...it was not filed within thirty days from the date the complaint was referred to the intake office as required by section 39.05(7), Florida Statutes (1977) and, secondly, in failing to classify appellant as a youthful offender under the guidelines of section 958.04(2), Florida Statutes (Supp....

...offender program. The trial court has discretion to sentence as a youthful offender a defendant who is at least 18 years old and has been found guilty of a felony (except for a capital or life felony) committed before the defendant's 21st birthday. § 958.04(1), Fla....

...The bone of contention is whether, as the state argues, a bump-up is permissible for each of defendant's six violations, which would put him in the seven to nine years range, or whether, as defendant argues, the general six-year cap on youthful offender sentences applies under section 958.04(2)(a), Florida Statutes (1987)....

...1984); see Whitehead v. State, 498 So.2d 863 (Fla. 1986) (habitual offender act). In 1985, in the action we deemed decisive in this case, the legislature directly addressed the present guidelines Youthful Offender issue by adopting an amendment to the Y.O.A., section 958.04(3), which provides: The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to § 921.001 unless clear and convincing reasons are explained in writing by the trial court judge....

...y the prosecution to which it did not refer. Similarly, the notions that the specific controls the general, 49 Fla. Jur.2d Statutes § 182, and that later enactments control earlier ones, 49 Fla.Jur.2d Statutes § 181, lead to the determination that section 958.04(3) takes precedence both over the 1984 general amendment to the guidelines, see The Florida Bar, 451 So.2d at 824, and over section 924.07(5) under which the state has the broad and general right to appeal from downward departures. Finally, since section 924.06(1)(c) gives the defendant the right to appeal from any upward departure, there would be no purpose to granting that right in section 958.04(3), see 49 Fla.Jur.2d Statutes § 179; Alexander v. Booth, 56 So.2d 716 (Fla. 1952) (every statute deemed to serve useful purpose), unless the legislature meant section 958.04(3) to occupy the field of the reviewability of sentences imposed under the Y.O.A. See State v. C.C., 476 So.2d 144 (Fla. 1985). We believe, in sum, that section 958.04(3) represents a conscious decision by the legislature that an appropriate employment ofthe Y.O.A....

...Dyer appeals his sentence of 4 1/2 years incarceration on 12 counts of burglary, grand theft and forgery, followed by 2 years of community control on an escape count, then followed by 8 1/2 years probation on a burglary of a dwelling count. [1] He was adjudicated a youthful offender pursuant to section 958.04, Florida Statutes (1987). We agree error occurred and remand for resentencing. Section 958.04 sets the "maximum" penalties for a person sentenced as a youthful offender. Specifically, section 958.04 provides: (2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows: (a) The court may place a youthful offender under...

...921.001 unless reasons are explained in writing by the trial court judge which reasonably justify departure. A sentence imposed outside of such guidelines shall be subject to appeal pursuant to s. 924.06 or s. 924.07. In order to sentence Dyer to the "maximum sentence" provided in section 958.04 of 4 years incarceration followed by 2 years community control, the trial judge was required to provide written reasons for departure from the recommended guidelines sentence of 3 1/2 to 4 1/2 years. [2] The sentence given in this case not only exceeded the guidelines, but was in excess of the "maximum sentence." Under section 958.04, the sentence in no event can exceed the statutory maximum....

...demonstrates the legislative intent to require sentencing pursuant to the 10/20/Life statute in certain situations, and to foreclose the possibility of sentencing pursuant to the Youthful Offender Act. The Youthful Offender Act provides that youthful offender sentencing is "[i]n lieu of other penalties authorized by law...." § 958.04(2), Fla....

...See, e.g., Parker v. State, 406 So.2d 1089 (Fla.1981). The Youthful Offender Act allows a trial court to sentence defendants who commit offenses prior to their twenty-first birthdays, and who meet certain other *289 enumerated criteria, as youthful offenders. § 958.04(1), Fla....

...Thus, the State's interpretation of the statute would subject sixteen and seventeen-year-olds to harsher sentences than eighteen, nineteen, and twenty-year-olds, which is surely not what the legislature intended in amending the statute. Additionally, section 958.04, which provides only for youthful offender sentencing, controls over the more general statute, section 985.233, which provides for sentencing procedures for juveniles, and relates to adult, youthful offender, and juvenile sentences....

...Therefore, sentences imposed after July 1, 1984, are no longer exempt from the requirement of written clear and convincing reasons for departure from the sentencing guidelines. Braddock v. State, 472 So.2d 875 (Fla. 1st DCA 1985), review denied, 482 So.2d 349 (Fla. 1986); see also § 958.04(3), Fla....

...lost in a morass and shuffle of legal technicality. Justice and common sense cry out for release, relief, and escape from all of this. Good guidelines (standards) as to sentencing (and support obligations) are greatly needed but not these. NOTES [1] Section 958.04(3), Florida Statutes (1985), dealing with youthful offenders, provides: The provisions of this section shall not be used to impose a greater sentence than the maximum recommended range as established by statewide sentencing guidelines pursuant to s....

...a prior offense of dealing in stolen property. The charge of escape was properly included in the scoresheet for case number F88-40074A as it was an extant charge at time of sentencing. Boynton's 40 year sentences are not illegal. Affirmed. NOTES [1] Section 958.04, Florida Statutes (1987).

...The charges were consolidated for trial, and he pled guilty to all of them. The court adjudicated him guilty and ordered a pre-sentence investigation. Because he was between eighteen and twenty-one years old and had no prior record, appellant moved to be sentenced in accordance with the Youthful Offender Act, Section 958.04, Florida Statutes (Supp....

...society. The act is a sentencing tool which enables the court to give the most appropriate sentence to each particular person in each particular case. Accordingly, we hold that appellant had "previously been found guilty of a felony" as specified in Section 958.04(2)(a), Florida Statutes (Supp....

...Appellant was originally sentenced as an adult to probation; upon violation, he was sentenced as a youthful offender, with a recommendation that he complete a basic *1227 training program for youthful offenders, known generally as "boot camp" and provided for in section 958.04, Florida Statutes....

...laced on probation for two years. He thereafter violated that probation by committing a new law offense, and was given the sentence he now challenges. Appellant's sentence is illegal because it exceeds the statutory limitations set forth by sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes. See State v. Mancino, 714 So.2d 429 (Fla.1998). Section 958.045(5)(c) states that a youthful offender who successfully completes boot camp, is placed on probation, and subsequently violates that probation may be given any sentence which the court might originally have imposed. Section 958.04(2)(b) states that, in sentencing a youthful offender, a court may impose as a condition of probation a period of incarceration not to exceed 364 days....

...d in sections 958.14 and 948.06, Florida Statutes, to the effect that probation violators may not be sentenced to a longer term than the maximum sentence for the underlying offense are superceded by the more specific provisions set forth in sections 958.045(5)(c) and 958.04(2)(b)....

...fender. In the instant case, appellant asserts he was eighteen years old at the time of the robberies. Thus, appellant opines that his counsel should have advised the trial court of the option to sentence appellant as a youthful offender pursuant to section 958.04, Florida Statutes (2003), which authorizes the imposition of a sentence exceeding no more than 6 years' imprisonment for those individuals committing crimes prior to their 21st birthdays and who meet the enumerated criteria. The trial court denied this claim based on section 958.04's specific wording which states that an individual may not be sentenced as a youthful offender if the individual was convicted of a life felony....

...ch requires the imposition of a ten year minimum mandatory where an individual is convicted of armed robbery due to his use of a firearm. An individual sentenced pursuant to the Youthful Offender Act may receive a maximum of six years' imprisonment. § 958.04(2)(a), Fla....

...ence a defendant to a youthful offender sentence in lieu of the 10/20/life statute's minimum mandatory requirements. 829 So.2d 287 (Fla. 1st DCA 2002); see also Holmes v. State, 638 So.2d 986 (Fla. 1st DCA 1994) (holding that the express language of section 958.04(2), which authorizes the discretion to sentence the appellant as a youthful offender "in lieu of other criminal penalties authorized by law," provides that a 10/20/life reclassification to a life felony does not preclude sentencing as a youthful offender)....

...Public Defender, West Palm Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and James P. McLane, Asst. Atty. Gen., West Palm Beach, for appellee. ON REHEARING HERSEY, Judge. Shaun Cooper appeals his sentence which classified and punished him as a youthful offender pursuant to section 958.04, Florida Statutes (1983), following a plea of guilty to one count of armed burglary and two counts of grand theft....

...Public Defender, for appellee. Before BASKIN, COPE and GERSTEN, JJ. BASKIN, Judge. In March 1987, Travis Hicks pled guilty to robbery. § 812.13, Fla. Stat. (1985). The trial court adjudicated Hicks as an adult, categorized him as a youthful offender pursuant to section 958.04, Florida Statutes (1987), and sentenced him to two years of community control....

...Accordingly, the trial court resentenced Hicks as a youthful offender. The state filed this appeal. We reverse. An individual may be classified as a youthful offender under the Florida Youthful Offender Act, chapter 958, Florida Statutes (1987), only if he "has not previously been classified as a youthful offender." § 958.04(1)(c), Fla....

...State, 528 So.2d 101 (Fla. 1st DCA 1988). This sentencing restriction does not apply to sentences imposed on subsequent convictions for crimes charged, not as probation or community control violations, but as substantive crimes charged by informations. See § 958.04(1)(c), Fla....

...n," 526 So.2d at 163, it is doubtful that the Franklin holding will long survive, given the strong dicta in Allen to the contrary, observing that although its decision was grounded upon a construction of Section 958.05, Florida Statutes (1979), that Section 958.04(2)(d), Florida Statutes (1985), nonetheless expressly provides that which was found implied by the court from its examination of the 1979 statute: commitment of the youthful offender to no more than six years....

...Youthful offender sentencing is discretionary, but if the trial judge elects to impose a youthful offender sentence, minimum mandatory terms otherwise associated with the offense of conviction do not apply, and the sentence is capped at six years or the maximum sentence for the crime(s), whichever is least. § 958.04(1) - (2), Fla....

...ovided with multiple benefits, including placement in institutions separate from the adult prison population, special rehabilitation programs, and the possibility of early release upon recommendation by the Department of Corrections. §§ 958.03(5), 958.04(2)(d), Fla....

...Appellant submits that his status as a youthful offender under Chapter 958 precluded the minimum three year sentences imposed under section 775.087. The state, in turn, argues that appellant should not have been classified as a youthful offender *796 because section 958.04(1)(c) [1] excludes persons found guilty of a capital or life felony from the sentencing provisions of the Act....

...The fallacy in this argument is that armed robbery, although a felony of the first degree, is not a capital or life felony. See sections 812.13(2)(a); and 775.081. Thus, while appellant's first degree felony plea precluded mandatory classification as a youthful offender pursuant to section 958.04(2)(b), the trial judge still had the discretion to classify the appellant as a youthful offender under subsection (1), which he so exercised....

...l reason that this crime is not one of the enumerated crimes in section 775.087(2). The sentences are reversed and this cause remanded to the trial court for resentencing under Chapter 958. Reversed and remanded. NOTES [1] Subsections (1) and (2) of section 958.04 read as follows: 958.04 Eligibility for youthful offender; classification....

...The appellant was found guilty of violating probation that was imposed after he successfully completed youthful offender boot camp, and he was sentenced to 69.6 months' imprisonment followed by 5 years' probation. The appellant filed a rule 3.800(a) motion alleging that his sentence is illegal under section 958.04(2)(b), Florida Statutes. The plain language of section 958.04(2)(b), Florida Statutes, states that a youth may only receive up to 364 days in a specified facility as a penalty for violating probation imposed after successful completion of boot camp....

...Richardson appeals his sentence on a charge of robbery with a firearm. With great particularity the trial judge recited that Richardson qualified for sentencing under the Youthful Offender Act, Chapter 958, Florida Statutes, in all respects but one. Section 958.04(1)(c) excludes from the Act persons convicted of life felonies....

...un concurrent to each other and to Case No. 3515. He now appeals. We reverse. Although we commend the court and counsel for attempting to fashion a reasonable (and perhaps effective) sentence, we conclude that the sentence is, nevertheless, illegal. Section 958.04, Florida Statutes (1990 Supp.) states: (2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows: * * * * * * (c) The...

...nder Act or to limit his sentence as the Act requires. We also note that scoring of legal constraint points was erroneous. Flowers v. State, 586 So.2d 1058 (Fla. 1991). This should be corrected on remand. PETERSON and GRIFFIN, JJ., concur. NOTES [1] Section 958.04, Florida Statutes (Supp....

...We are concerned, however, about a separate claim made in the "memorandum brief of appellant" that Harvey has submitted for the first time to this court. Harvey is a juvenile who was prosecuted as an adult. The trial court imposed a split sentence under the Youthful Offender Act. § 958.04, Fla....

...Paulino attempts to avoid this result on the theory that the court could have sentenced him as a youthful offender under chapter 958, Florida Statutes (1993), and, under that chapter, would not have been required to *426 impose the minimum mandatory term. See § 958.04, Fla....

...1st DCA 1981), and Lane v. State, 470 So.2d 30 (Fla. 5th DCA 1985), on the issue of whether a youth sentenced under the Youthful Offender Act may be sentenced consecutively so that his total commitment exceeds the six year youthful offender maximum prescribed in § 958.04(2)(d) Florida Statutes....

...Bell contends that he meets the criteria of a youthful offender because the crime for which he has been charged was committed before his 21st birthday and is not a life felony offense. He relies upon State v. Goodson, 403 So.2d 1337 *404 (Fla. 1981), which interpreted Section 958.04(2), Florida Statutes (Supp. 1978), as providing for mandatory classification of a defendant as a youthful offender if the statutory prerequisites set out in Section 958.04(1) are satisfied. We would be bound by the Goodson opinion if the legislature had not substantially amended Section 958.04(2), effective October 1, 1980. See Ch. 80-321, § 2, Laws of Florida. The amended statute, not under consideration in Goodson, accordingly controls the instant case since the offense occurred on February 27, 1981; the plea on June 3, 1981, and sentencing on June 12, 1981. Section 958.04(2), Florida Statutes (Supp....

...three years incarceration, and receive concurrent five year terms of probation for the other two counts consecutive to the incarceration. The trial court sentenced him in exact compliance with his plea bargain. Ford now argues the sentences violate section 958.04(2)(c), Florida Statutes (1991)....

...eration. The period of incarceration imposed or served and the period of probation or community control, when added together, shall not exceed six years. (Emphasis supplied). The State agrees that Ford received an illegal sentence, since pursuant to section 958.04(2)(c) a youthful offender cannot receive longer than six years combined incarceration plus probation terms....

...of her child. She challenges the voluntariness of her confession, the trial court's refusal to instruct the jury on the lesser included offenses of assault and battery, and the trial court's failure *431 to sentence her as a youthful offender under section 958.04, Florida Statutes (1979)....

...State, 342 So.2d 501 (Fla. 1977) and Brown v. State, 245 So.2d 68 (Fla. 1971) serve as authority for our affirmance of the court's action. We find merit in defendant's contention that the court was required to sentence her as a youthful offender under section 958.04, Florida Statutes (1979), which provides:[ [1] ] 958.04 Eligibility for youthful offender; classification....

...been raised on direct appeal. [3] They are not cognizable in a rule 3.800(a) proceeding. See Lee v. State, 679 So.2d 1158 (Fla.1996). AFFIRMED. PETERSON and PLEUS, JJ., concur. NOTES [1] § 812.13(1) and (2)(a), Fla. Stat. (2001). [2] See generally, § 958.04(2)(c), Fla. Stat. (2001). [3] See generally, § 958.04(1), Fla....

...2d DCA 1982) (defendant sentenced under Youthful Offender Act cannot be given minimum mandatory sentence for possession of firearm). Sentencing under the Youthful Offender Act is discretionary. See Bell v. State, 429 So.2d 403 (Fla. 1st DCA 1983). While it may be said that defendant meets the threshold requirements of section 958.04(1) for classification as a youthful offender, the fact remains the court made no such finding....

...There is no statement that defendant was being sentenced as a youthful offender and the trial court made no mention of Chapter 958 or its provisions. The court clearly announced its intention to treat defendant as an "adult," but Chapter *477 958 is an "adult" sanction. § 958.04(1)(a), Fla....

...Lubins Louissaint appeals an order denying his motion to correct illegal sentence. See Fla. R.Crim. P. 3.800(a). We reverse, finding that Louissaint's motion correctly asserts *404 that the court imposed an illegal sentence. Upon accepting Louissaint's guilty plea, the trial court sentenced him as a youthful offender, § 958.04(1)(c), Fla. Stat. (Supp. 1996), to three years in prison on four counts of the indictment; the trial court sentenced Louissaint to ten years probation as an adult, on the indictment's remaining two counts. Section 958.04(2)(c), Florida Statutes (Supp....

...State, 596 So.2d 495 (Fla. 5th DCA 1992), the Fifth District Court held that a mixed youthful offender and adult sentencing scheme is illegal. "When a court adjudicates an individual as a youthful offender, he must be sentenced under the provisions of section 958.04(2)." State v....

...Appellant was charged with two counts of vehicular homicide and one count of reckless driving causing serious bodily injury. Appellant entered an open plea of *497 no contest shortly before his twenty-first birthday to maintain the possibility of receiving a youthful offender sentence. See § 958.04(l)(b), Fla....

...Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee. COBB, Chief Judge. This appeal challenges the legality of a six-year sentence of incarceration imposed upon a youthful offender under section 958.04, Florida Statutes, subsequent to revocation of his community control, which was part of a prior sentence of two years in prison followed by two years of community control....

...as it is punishable by life imprisonment and can amount to a life felony in degree of seriousness." The state is correct in its assertion that a person found guilty of a life felony is not entitled to be classified a youthful offender under the act. § 958.04(1)(c), Fla....

...had no discretion to instead sentence Simpkins as a youthful offender. We remand for the court to reconsider the sentence in light of that discretion. *1204 It is undisputed that Simpkins was eligible for sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1999). He was younger than 21 years old at the time of his offenses and had not previously been classified as a youthful offender. § 958.04(1)....

...The decision whether to sentence a defendant as a youthful offender is discretionary with the trial court. Ellis v. State, 475 So.2d 1021, 1022 (Fla. 2d DCA 1985). However, the youthful offender statute does not apply to defendants who have been convicted of capital or life felonies. § 958.04(1)(c)....

...r commitment by running away from her halfway house. Following her apprehension, the trial court conducted a perfunctory hearing at which it merely revoked Crain's order of delinquency and sentenced her as a youthful offender for both offenses under section 958.04, Florida Statutes (1993)....

upon a youthful offender to a total of six years. § 958.04(1)(c), Fla. Stat. (1989). Thus, when Dimilta was

sentenced as a youthful offender in accordance with F.S. 958.04." The defendant successfully completed the youthful

correct certain costs imposed against him; (4) section 958.04 (1)(b), Florida Statutes (2008), Florida’s

followed by two years of community control. See § 958.04(2)(c), Fla. Stat. (1987). There is no indication

appellant qualifies under the mandatory language of section 958.04(2), Florida Statutes (1979) as a youthful offender

terms and conditions as provided in s. 948.03." Section 958.04, Florida Statutes (2002), then contains the

which could be served under incarceration. See § 958.04(2)(a)(c)(d), Fla. Stat. (1987); Louissaint v.

maximum permissible for a youthful offender. Section 958.04(2)(c), Florida Statutes (Supp.1996), provides:

permissibly treated as a youthful offender under section 958.04(1), Florida Statutes (1979), must be resentenced

classification as a youthful offender under section 958.04(2), although the trial court had discretion

AFFIRMED. COBB and W. SHARP, JJ., concur. NOTES [1] § 958.04(2)(c), Fla. Stat. (1991). [2] Section 958.14

to commence after release from incarceration. § 958.04(2)(c), Fla. Stat. Appellant was sentenced for

prior to serving such minimum sentence. [2] Section 958.04, Florida Statutes (1981). [3] See Alexander

downward departure. The pertinent statute is section 958.04(3): The provisions of this section shall not

been sentenced as a youthful offender under section 958.04, Florida Statutes (1979). The trial judge's

resentenced in both cases in accordance with section 958.04(2)(b) and 958.045(5)(c) to a total of 364 days'

shall not exceed the original sentence imposed. § 958.04(2)(c), (d), Fla.Stat. (Supp.1998).[2] Where, as

felony can be sentenced as a youthful offender. § 958.04(1)(c). Because appellant was found guilty of a

incarceration does not exceed 364 days. See id.; § 958.04(2)(c), Fla. Stat. (1997). *1244 This case is controlled

to sentence him as a youthful offender under section 958.04, Florida Statutes (2007), while the state requested

adjudication of guilt on a burglary charge pursuant to Section 958.04(2), Florida Statutes (1979), as a youthful

sentenced pursuant to the Youthful Offender Act, § 958.04(2), Fla. Stat. (1985), to four years with three

imposed, minus credit for time served. Because section 958.04(2)(a) limited a combined sentence of probation

added). He further asserted that pursuant to section 958.04(2)(b), Florida Statutes (2005), this meant

youthful offender designation pursuant to section 958.04, Florida Statutes (2015).1 Mr. Lackey's

impose a sentence above the cap provisions of section 958.04(2), Florida Statutes, it must impose all of

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes (1989), yet his sentence

of other criminal penalties authorized by law." § 958.04(2), Fla. Stat. (1985). Second, the legislative

sentenced as a youthful offender in accordance with section 958.04(1), Florida Statutes (1997). If, however, the

sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1979). Second degree murder

wishes to exercise its discretion pursuant to section 958.04, Florida Statutes. See Ellis v. State, 475

sentence that exceeds six years in length. See § 958.04(2)(c), Fla. Stat. (1999). The appellant was originally

within the statutory maximum for each offense. See § 958.04(2)(d), Fla. Stat. (1995). In addition to the invalid

days in a specified facility as a penalty. See § 958.04(2)(b), Fla. Stat. (1998); Bloodworth, 769 So.2d

appellant pursuant to the Youthful Offender Act, Section 958.04(2), Florida Statutes. Since the appellant met

that the defendant was sentenced pursuant to section 958.04(2)(c), of the Youthful Offender Statute, which

violation of his supervision in violation of section 958.04(2)(c), Florida Statutes (2006). At the hearing

sentence, but is unavailable for life felonies. § 958.04(1) & (2), Fla. Stat.

would receive youthful offender sanctions? Section 958.04(2)(d), Florida Statutes (1997), indicates that

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

that the sentencing limitations contained in section 958.04, which preclude sentencing enhancements, do

in a youthful offender boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997). See Thomas

Bloodworth v. State, 769 So.2d 1117 (Fla. 2d DCA 2000); § 958.04(2)(b), Fla. Stat. (2001). Appellant's current

therefore be supported by written reasons. Section 958.04(3) of the Youthful Offender Act is the only

defendant was adjudicated a youthful offender (section 958.04, Florida Statutes). On February 1, 1984, he

in a youthful offender boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997). See Thomas

probation, must be read in conjunction with section 958.04(3), which provides that a sentence greater

youthful-offender consideration. See FLA. STAT. § 958.04(1)(c). Carey again relies on hindsight

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

WARNER and POLEN, JJ., concur. NOTES [1] See § 958.04(2)(b), Fla. Stat.; Mason v. State, 864 So.2d 1225

classified as a youthful offender pursuant to Section 958.04(3), Florida Statutes 1979. The documents filed

cap on youthful offender sentences found in section 958.04(2)(a), Florida Statutes (1989), as it existed

sentenced him as a youthful offender under section 958.04, Florida Statutes, to two years of incarceration

sentenced as a youthful offender pursuant to section 958.04, Florida Statutes (1987), to a term below that

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

958.05(2) of the Youthful Offender Act (now section 958.04(2)) limited incarceration to a four year maximum

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

and thus did not qualify as a youthful offender. § 958.04(l)(a), Fla. Stat. (1979). Since the time of the

incarceration for the offense but not more than six years. § 958.04(2)(d), Fla. Stat. (1991). In view of the original

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To bBe ilmprisoned (Ccheck

excess of the statutory maximum). Pursuant to section 958.04(2)(c), Florida Statutes (1997), the total term

sentenced as a youthful offender pursuant to section 958.04(1), Florida Statutes (2008).3 At the sentencing

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

... argued Parrish’s ineligibility for a youthful offender sentence. Id. at 486 n.1 (citing § 958.04(1)(c), Fla. Stat.). -6- 5th DCA 2019)).4 Parrish petitioned for this Court’s review. II A district court ...

... 921.0026, Florida Statutes (2020); that Appellant be sentenced as a youthful offender under section 958.04; and that the adult-on-minor sentencing multiplier in section 921.0024(1)(b) not be imposed. In a sentencing memorandum and exhibits, Appellant provided various bases to support his ...

sentenced to no more than 364 days in jail under section 958.04(2)(b). See Thomas v. State, 825 So.2d 1032

... Stat. (1994). He also argued for a youthful offender sentence under section 921.0016(4)(l) and section 958.04(2), Florida Statutes (1994), on the basis that he was nineteen at the time of the offenses. At the sentencing hearing, Mr. Dawson presented testimony from a licensed mental health ...

... (footnotes omitted). In this case Mr. Morgan argued for a youthful offender sentence under section 958.04, Florida Statutes (2021). He also sought a downward departure sentence based on section 921.0026(2)(d), (i), and (j), Florida Statutes (2021), and the parties discussed section ...

classify him as a youthful offender, pursuant to section 958.04, Florida Statutes (1979). At the time of Lee's

youthful offender even if he had considered section 958.04, his failure to consider the statute does not

sentenced under the Youthful Offender Statute, Section 958.04, Florida Statutes (1979). The order does not

on the nature of the charges in this case.* See § 958.04, Fla. Stat. (2014) (precluding youthful offender

under a youthful offender program pursuant to section 958.04(l)(b), Florida Statutes (1989).1 The state

was sentenced as a youthful offender under section 958.04, Florida Statutes (2010), to probation for

classified as a youthful offender pursuant to section 958.-04(2), Florida Statutes (1979). He asserts that

construction of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), which reads in part

applicable to youthful offender sentences under section 958.04, Florida Statutes (1997). The postconviction

sentence under the Youthful Offender Act. See § 958.04(1), Fla. Stat. (Supp.1996). Crawley contends that

sentence of imprisonment not exceeding six years. § 958.04(2), Fla. Stat. (2010). Because the trial court

declared him a youthful offender, pursuant to section 958.04(2)(e), Florida Statutes, the combined sentence

The trial court denied the motion based on section 958.04(l)(c), Florida Statutes, which provides that

mandatory when a juvenile meets the requirements of § 958.04(1) and (2).1 Goodson v. State, 392 So.2d 1335

withhold adjudication. We agree and reverse. Section 958.04, Florida Statutes (2002), “Judicial disposition

him in accordance with the provisions of Florida Statute 958.04 and the case law interpreting the sentencing

years of age at the time the crime was committed. § 958.04(l)(c), Fla. Stat. (2002). Under these circumstances

could impose a youthful offender sentence under section 958.04(l)(b), Florida Statutes, if the defendant committed

have been sentenced as a youthful offender, Section 958.-04(2), Fla.Stat. (1979), Garvin challenges the

maximum of four years of imprisonment provided by section 958.04(2)(c), Florida Statutes (2000). See also Nguyen

sentence Flores as a youthful offender under Section 958.04(2), Florida Statutes (1979). Flores’ simultaneous

of this fundamental constitutional right and section 958.04(4)(e) cannot constitutionally authorize, even

control followed by probation. See § 958.04, Fla. Stat. (2013). In case 13-CF-17933, Mr. Cruz

011 et seq., Florida Statutes (1987). Under section 958.04(2)(c), Florida Statute (1987), the maximum

probation, is limited to a term of six years. See § 958.04, Fla. Stat. (1995). When there has been only a

appellant meets all of the requirements of section 958.04, Florida Statutes (1979), and is thus entitled

statutory maximum for third-degree felonies. While section 958.04(2)(d), Florida Statutes, of the Florida Youthful

offender to a term in excess of that permitted by section 958.04, Florida Statutes. We must decide whether a

appellant as a youthful offender pursuant to section 958.04, Florida Statutes (1983). Appellant was adjudicated

though convicted in the criminal division) and Section 958.04, Florida Statutes (1979) (the Youthful Offender

appeal by the defendant pursuant to s. 924.06. § 958.04(3), Fla.Stat. (1985). In Diers, the supreme court

sentence in excess of the six-year maximum. See § 958.04(2)(c), Fla.Stat. (1991) (“the period of incarceration

of probation, to a term exceeding 364 days. See § 958.04(2)(a), Fla. Stat. (1997); State v. Butler, 719

the six-year maximum provided by law under section 958.04, Florida Statutes (1989). He further alleged

youthful offender. Appellant argues that under section 958.04(2)(c), Florida Statutes (1995) he could only

youthful offender attended boot camp pursuant to section 958.04(2)(b), Florida Statutes (1997). Love alleged

seek sentencing as a youthful offender under section 958.04(1), Fla. Stat. See generally Croskey v. State

requirements of the Youthful Offender Act, Section 958.04(2), Florida Statutes (1979). The record reveals

upon revocation of post-boot camp probation, see § 958.04(2)(e), Fla. Stat. (1987), and was simultaneously

offender status at the initial sentencing. See, § 958.04, Fla.Stat. (1985) (“the court may sentence as

sentencing, and addressing the criteria under section 958.04(1), Florida Statutes, relating to ground eight

and community control. Blackburn points to section 958.04(2)(a), Florida Statutes (2005), which provides

offender under Section 958.04(2), Florida Statutes (1979), but was not so sentenced. Section 958.04(2), Florida

because he was convicted of a life felony. See § 958.04(1)(c), Fla. Stat.

sentence petitioner to probation pursuant to section 958.04(4)(e), Florida Statutes (1989), subject to

sentencing under the Youthful Offender Act, section 958.04, Florida Statutes (1979), for offenses committed

mandatory since defendant met the criteria under Section 958.04(2), Florida Statutes (1979).1 The trial court

eligible for a youthful offender sentence. See § 958.04(1)(b), Fla. Stat. (2018). He also challenges certain

or more of his offenses were life felonies. See § 958.04(1)(c), Fla. Stat. (2004). As the state points

to resentence appellant in conformity with section 958.04(2)(c) of the Florida Statutes (1999). See Louissaint

“committed before the defendant’s 21st birthday.” § 958.04(l)(b), Fla. Stat. (2007) (emphasis supplied).

as a condition of probation in violation of section 958.04(2)(b), which allows the trial court to impose

to section 958.04(4)(e), Florida Statutes, cited in appellant’s memorandum of law. Section 958.04(4)(e)

” § 958.045(5)(c), Fla. Stat. (1997). While section 958.04(2)(b) provides that a period of incarceration

is illegal since the Youthful Offender Act, section 958.04, limits the time a defendant can receive to

was not afforded the statutory benefits under section 958.04, Florida Statutes (1979). He is entitled to

seventeen years old at the time of the offense. § 958.04, Fla. Stat. (2009) (“. . . if the offender is

division of the circuit court for purposes of Section 958.04(1)(a). *287On remand, we also direct the trial

struggling with Appellant’s 1 See § 921.0026(2)(l); § 958.04, Fla. Stat. (2016). uncle. Appellant responded

criteria of a youthful offender as established in section 958.04, Florida Statutes (1979), the trial judge refused

PER CURIAM. AFFIRMED. See § 958.04(2)(d), Fla. Stat. (1998). SHARP, W., SAWAYA and ORFINGER, R.B., JJ

appellant “was not eligible for boot camp under section 958.04, the court still recommended that he be screened

when added together, shall not exceed 6 years.” § 958.04(2)(c), Fla. Stat. (1995). See Kirkman v. State

to sentence him as a youthful offender under Section 958.04, Florida Statutes (1979). We affirm as to appellant

that application of the Youthful Offender Act, Section 958.04, Florida Statutes (1979), was discretionary

excluded from mandatory classification under section 958.04(2)(a), Florida Statutes (Supp.1978), when prior

Session Law Serv. 1471 (West) (to be codified as § 958.04, Fla.Stat. [Supp.1980]).

be committed before his twenty-first birthday. § 958.04, Florida Statutes (1981). Thus, appellant below

under the Youthful Offender Act. According to section 958.-04(l)(c), Florida Statutes (1989), that act specifically

age of 21 when the offenses were committed. See § 958.04(1), Fla.Stat. (1993). Therefore, we vacate this

would put the section in direct conflict with section 958.04(l)(b)-(c). In addition, the state’s interpretation

life imprisonment. The relevant portions of section 958.04, Florida Statutes (1979), state: (1) The court

court’s refusal to sentence him pursuant to section 958.04, Florida Statutes (1979), the Youthful Offender

motion to modify his sentences pursuant to section 958.04(4)(e), Florida Statutes (Supp.1994). The trial

reasons ' for the departure. We agree that section 958.04(3), Florida Statutes (1995) requires written

the Youthful Offender Act, Florida Statutes, Section 958.04 et seq. (1979). Harmon was transferred for

offender,. would limit the sentence to six years. See § 958.04, Fla. Stat. (2011). The court cautioned Rolle:

sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender

sentenced under the Youthful Offender Act. See § 958.04, Fla. Stat. (2009). The Act subjects an offender

Florida Statutes (1979), after finding under Section 958.04(2), Florida Statutes (1979), that it was required

denying the motion the trial court construed Section 958.04(2), Florida Statutes as being directory rather

PER CURIAM. Affirmed. § 958.04(l)(c), Fla. Stat. (1996) (“no person who has been found guilty of a capital

offender under the provisions of this act.” Section 958.04(l)(c) Fla.Stat. (1979). The question presented

it read when the alleged crime took place. Section 958.04(1), Florida Statutes (1979) read as follows:

[*] Additionally, the trial court relied upon § 958.04(1)(c), Fla. Stat., which provides in part that

filed when Mr. Wilhelm turned twenty-one. See § 958.04(1)(b), Fla. Stat. (authorizing youthful offender

to sentence them as youthful offenders under Section 958.04, Florida Statutes (1979). We affirm. Smith

2003); *1240see also Fla. R.Crim. P. 3.800(b), and § 958.04(2), Fla. Stat. (2001).

TAYLOR, GERBER and CONNER, JJ., concur. . Section 958.04 concerns the disposition of youthful offenders

Ass’n, Inc., 104 So.3d 344, 351 (Fla.2012). Section 958.04(2)(b), Florida Statutes, provides, in part

2006-520-CF, 2006-643-CF, 2006-1321-CF . Section 958.04(2)(b), Fla. Stat. (2005), provides: The court

by section 948.09, Florida Statutes (1995), section 958.04, Florida Statutes (1993), or Form 3.986, Florida

possibility of a youthful offender disposition under section 958.04, Florida Statutes (2018). If counsel had advised

possibility of a youthful offender disposition under section 958.04, Florida Statutes (2018). If counsel had advised

disagree and reverse. The Youthful Offender Act, section 958.-04(2), Florida Statutes (1989), limits a youthful

qualified for a youthful offender sentence. See § 958.04(1), Fla. Stat. (effective to Sept. 30, 2008) (“The

the time appellant’s offenses were committed. Section 958.04(2)(c), Florida Statutes (1991), limits the

sentenced as a youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned (check

sentenced as a youthful of*1058fender under section 958.04 of the Florida Statutes (1997). Our review

period of incarceration and probation to six years. § 958.04(1), (2)(c), Fla. Stat. (2017). If a youthful offender

felony can be sentenced as a youthful offender. § 958.04(1)(c). Because appellant was found guilty of a

youthful offender in accordance with section 958.04, Florida Statutes. To Be Imprisoned