The 2024 Florida Statutes
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. . . age, but failed to tell him about the possibility of a youthful offender disposition under section 958.04 . . .
. . . See § 958.04, Fla. Stat. (2009). . . . See § 958.04(2). . . .
. . . See § 958.04, Fla. Stat. (2016). This was improper. . . . See § 921.0026(2)(l ); § 958.04, Fla. Stat. (2016). . . .
. . . The court may also classify the child as a youthful offender under s. 958.04, if appropriate. . . .
. . . __ County, Florida ___ The defendant is sentenced as a youthful offender in accordance with section 958.04 . . .
. . . See § 958.04(1)(b), Fla. Stat. . . .
. . . Majority op. at 1098-99; see § 958.04, Fla. Stat. (2017). . . . that penalties under the Act are imposed "[i]n lieu of other criminal penalties authorized by law." § 958.04 . . . easily added language to section 958.14 stating that if a sentence above the cap provisions of section 958.04 . . . , community control, or the sentence at any time prior to the scheduled expiration of such term." § 958.04 . . . . § 958.04(1) - (2), Fla. Stat. (2005). . . . . §§ 958.03(5), 958.04(2)(d), Fla. Stat. . . .
. . . Lackey would likely qualify for a youthful offender designation pursuant to section 958.04, Florida Statutes . . . See § 958.04(1)(c) ; Christian v. . . . See § 958.04(2)(a)-(d). Mr. . . .
. . . . § 958.04(1)(b), Fla. Stat. (2008). . . .
. . . See § 958.04, Fla. . . . See id. § 958.04(2), Cooper was sentenced to 479 days in the Department of Corrections (“DOC”), followed . . . State, 835 So.2d 348, 349 (Fla. 4th DCA 2003); § 958.04(2), Fla. Stat. (2001)). . . . When read together, sections 958.04, 948.06, and 958.14 permit the trial court to sentence a youthful . . .
. . . Section 958.04(2)(a), Florida Statutes (2018), provides the authority to impose the very judgment and . . . See § 958.04(l)(c) (providing “... a person who has been found guilty of a capital or life felony may . . .
. . . the position that once a trial court decides to impose a sentence above the cap provisions of section 958.04 . . . easily added language to section 958.14 stating that if a sentence above the cap provisions of section 958.04 . . . See § 958.04(2)(d), Fla. Stat. (2005). . . . .” § 958.04(2), Fla. Stat. (2005). . . . First, if an incarcerative sentence is still available under the cap provisions of section 958.04(2), . . . discretion to sentence the defendant as a youthful offender (meaning within the cap provisions of section 958.04 . . . supervision, the trial court has the discretion either to sentence under the cap provisions of section 958.04 . . .
. . . Before this Court, Jackson raises a facial challenge to the constitutionality of section 958.04(l)(b) . . . For the reasons that follow, we held that section 958.04(l)(b) is constitutional as amended and does . . . The Legislature did not provide guidance when it amended section 958.04(l)(b). . . . Therefore, section 958.04(l)(b) need only satisfy the rational basis test. . . . For this reason, section 958.04(l)(b) does not violate due process. . . . I dissent, because the 2008 legislative change to section 958.04, Florida Statutes, as to what determines . . . See, e.g., § 958.04(2)(c), Fla. . . .
. . . See § 958.04(l)-(2), Fla. Stat. (2009). . . .
. . . probation term that the Second District later found impermissible under sections 958.045(5)(c) and 958.04 . . .
. . . See § 958.04, Fla. Stat. (2013). In case 13-CF-17933, Mr. . . .
. . . Sheriff of_County, Florida _ The defendant is sentenced as a youthful offender in accordance with section 958.04 . . .
. . . While section 958.04(2)(b) provides that a period of incarceration of up to 364 days may be imposed as . . .
. . . reading of section 958.14 leads to the conclusion that the sentencing limitations contained in section 958.04 . . . that a sentence imposed after á substantive violation is limited by the other qualifiers of section 958.04 . . . Amette simply does not support application of the sentencing limitations of section 958.04 to a youthful . . . However, both Mendez and Jones address' initial youthful offender sentencing under section 958.04, not . . . Section 958.14 does not extend the sentencing limitations of section 958.04 to youthful offenders who . . . , is life and .the six-year cap for the originally imposed youthful offender sentence under section 958.04 . . . 958.14 serves to sever the restraints of the original youthful offender sentencing caps of section 958.04 . . .
. . . Lewis was sentenced as a youthful offender under section 958.04, Florida Statutes (2010), to probation . . .
. . . See §§ 958.04(2)(b), .045(5)(c), Fla. Stat. (2005); Cutler v. . . .
. . . Section 958.04(2)(b), Florida Statutes, provides, in part, that: The court may impose a period of incarceration . . . residential facility that is owned and operated by any public or private entity providing such services... § 958.04 . . . In addition, section 958.04(2)(b) provides that “[placement in such a facility or center may not exceed . . .
. . . directly discuss whether a defendant who was permissibly treated as a youthful offender under section 958.04 . . . In Goodson, the court held that section 958.04(2) mandated a youthful offender designation if certain . . .
. . . . § 958.04(2), Fla. Stat. (2010). . . .
. . . See § 958.04(l)(b), Fla. Stat. (2008). . . . we write to reverse the costs imposed against Appellant and address the constitutionality of section 958.04 . . . See Ch. 78-84, Laws of Fla.; § 958.04(1), Fla. Stat. . . . Ch. 2008-250, § 7, Laws of Fla.; § 958.04(1)(b), Fla. Stat. (2008) (emphasis added). . . . Thus we also reject Appellant’s substantive due process challenge to section 958.04(l)(b). . . .
. . . . § 958.04. . . . Thus the court concluded “the Florida Youthful Offender Act, Florida Statutes § 958.04, does not negate . . . See Cortes, 427 Fed.Appx. at 806-07 (“[T]he Florida Youthful Offender Act, Florida Statutes § 958.04, . . . (emphasis added); id. § 958.04(1) (“The court may sentence as a youthful offender any person [who meets . . . (emphasis added); id. § 958.04(2)(c) (providing for sentences split between incarceration and community . . .
. . . sentences as violative of the six-year limitation applicable to youthful offender sentences under section 958.04 . . . Although the sentencing court was not limited by the six-year cap of section 958.04 because Josey committed . . .
. . . See § 958.04(2), Fla. Stat. (2012); Bennett v. . . .
. . . Pursuant to the 2004 version of sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes, if a youthful . . . sentenced, in the event of a subsequent VOP, pursuant to the applicable (2004) version of sections 958.04 . . . Section 958.04 concerns the disposition of youthful offenders. . . . Placement in such a facility or center shall not exceed 364 days. § 958.04(2)(b), Fla. . . .
. . . See § 958.04(2)(b), Fla. Stat. (2005); Negron v. State, 90 So.3d 948 (Fla. 5th DCA 2012); Lamore v. . . . Section 958.04(2)(b), Fla. . . .
. . . See § 958.04, Fla. Stat. (2011). . . .
. . . See § 958.04(l)(b), Fla. Stat. (2010). During the plea colloquy before Judge John J. . . .
. . . open no contest plea and filed a motion to be sentenced as a youthful offender pursuant to section 958.04 . . . penalties authorized by law” unless the person “has been found guilty of a capital or life felony.” § 958.04 . . . the custody of the department for a period of not more than 6 years” subject to certain conditions. § 958.04 . . . Section 958.04(1), Florida Statutes (2008), provides: The court may sentence as a youthful offender any . . .
. . . .” § 958.04(l)(b), Fla. Stat. (2007) (emphasis supplied). . . . .” § 958.04(l)(b), Fla. Stat. (2008) (emphasis supplied). . . .
. . . 937 (Fla. 1st DCA 1995) (holding that “once a defendant is sentenced under the provisions of section 958.04 . . . court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04 . . .
. . . He further asserted that pursuant to section 958.04(2)(b), Florida Statutes (2005), this meant that his . . .
. . . . § 958.04(1), Fla. Stat. (2011). . . . offender sentencing is not available for defendants guilty of a capital or life felony, see section 958.04 . . . 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 . . . offender, but are nonetheless classified as a youthful offender by the Department of Corrections. § 958.04 . . .
. . . See §§ 958.045(5)(e), 958.04(2)(b), Fla. . . .
. . . County Jail (Youthful Offender)” and was “sentenced as a youthful offender in accordance with F.S. 958.04 . . . Third, we agree with the district court that the Florida Youthful Offender Act, Florida Statutes § 958.04 . . . Section 958.04 gives the criminal division of the Florida Circuit Court the discretion to sentence eligible . . . Stat. § 958.04(1). . . . Id. § 958.04(2)(a)-(c); see also id. § 958.021 (stating that the purpose of the Florida Youthful Offender . . .
. . . . § 958.04(1). . . . Id. § 958.04(2)(a)-(e). . . . Id. § 958.04(2)(d). . . .
. . . offenses, September 27, 2008, a trial court could impose a youthful offender sentence under section 958.04 . . . On October 1, 2008, section 958.04(l)(b) was amended to require the defendant to be under the age of . . .
. . . no dispute that Blacker initially received a youthful offender sentence in accordance with section 958.04 . . . Stat. (1997), is “[i]n lieu of other criminal penalties authorized by law ...” § 958.04(2), Fla. . . . So.2d 933, 937 (Fla. 1st DCA 1995) (“once a defendant is sentenced under the provisions of section 958.04 . . . court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04 . . . termination for youthful offenders who successfully participate in the youthful offender program. § 958.04 . . .
. . . . § 958.04(1), Fla. Stat. (2007). . . .
. . . Section 958.04, Florida Statutes (2006), permits a trial court to sentence a defendant as a youthful . . .
. . . exceeded 364 days of incarceration, where the youthful offender attended boot camp pursuant to section 958.04 . . . by probation — there was no special condition of incarceration as part of the probation, per section 958.04 . . . offender who completes county boot camp is not limited in his sentencing exposure pursuant to sections 958.04 . . .
. . . sentencing, Bennett’s counsel urged the trial court to sentence him as a youthful offender under section 958.04 . . .
. . . . _ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes . . .
. . . See § 958.04(l)(e), Fla. Stat. (2004). . . .
. . . The trial court sentenced him as a youthful offender under section 958.04, Florida Statutes, to two years . . .
. . . See § 958.04(1), Fla. Stat. . . . defendants found guilty of capital or life felonies from consideration for youthful offender sentencing. § 958.04 . . .
. . . See §§ 958.04(2)(b), 045(5)(c), Fla. Stat. (1997); Bloodworth v. . . .
. . . . _ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes . . .
. . . Because section 958.04(2)(a) limited a combined sentence of probation and community control to six years . . .
. . . six years as a youthful offender on a technical violation of his supervision in violation of section 958.04 . . . three of the six years in custody, he argued that the sixty-month term of probation violated section 958.04 . . .
. . . He argues that, pursuant to sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (2004), the court . . . See §§ 958.04(2)(b), 958.045(5)(c), Fla. Stat. (2004). . . .
. . . person who is sentenced as such by the court or is classified as such by the department pursuant to s. 958.04 . . . Further, section 958.04(2) states: In lieu of other criminal penalties authorized by law and notwithstanding . . .
. . . pleas that the trial court had the discretion to sentence him as a youthful offender under section 958.04 . . . Section 958.04, Florida Statutes, governing the judicial disposition of youthful offenders, authorizes . . . Specifically, section 958.04(1), Florida Statutes (2004), provides: (1) The court may sentence as a youthful . . .
. . . See § 958.04(2)(b), Fla.. Stat.; Mason v. State, 864 So.2d 1225 (Fla. 1st DCA 2004). . . .
. . . Blackburn points to section 958.04(2)(a), Florida Statutes (2005), which provides that “[i]n lieu of . . . youthful offenders, section 784.08(3) would have begun: “Notwithstanding the provisions of ss. 948.01 and 958.04 . . .
. . . whether he actually qualified for youthful offender sentencing, and addressing the criteria under section 958.04 . . .
. . . discretion to refuse to classify [defendant] as a youthful offender even if he had considered section 958.04 . . .
. . . See §§ 958.045(5)(c) & 958.04(2)(b), Fla. Stat. (2001); Thomas v. . . .
. . . P. 3.800(b), and § 958.04(2), Fla. Stat. (2001). . . .
. . . advised the trial court of the option to sentence appellant as a youthful offender pursuant to section 958.04 . . . The trial court denied this claim based on section 958.04’s specific wording which states that an individual . . . sentenced pursuant to the Youthful Offender Act may receive a maximum of six years’ imprisonment. § 958.04 . . . State, 638 So.2d 986 (Fla. 1st DCA 1994) (holding that the express language of section 958.04(2), which . . .
. . . counsel to advise him that he had the right to seek sentencing as a youthful offender under section 958.04 . . . qualified for youthful offender sentencing under the statute, addressing all of the criteria of section 958.04 . . .
. . . See § 958.04(2)(c), Fla. Stat. (1999). . . .
. . . State, 769 So.2d 1117 (Fla. 2d DCA 2000); § 958.04(2)(b), Fla. Stat. (2001). . . .
. . . Once the court declared him a youthful offender, pursuant to section 958.04(2)(e), Florida Statutes, . . .
. . . court was required to sentence him to no more than 364 days in prison under sections 958.045(5)(c) and 958.04 . . . This Court ruled that the specific provisions of sections 958.045(5)(c) and 958.04(2)(b) su-perceded . . .
. . . . § 958.04(1), for robbery with a deadly weapon and aggravated battery. . . .
. . . 364 days’ incarceration following participation in a youthful offender boot camp pursuant to section 958.04 . . . sentence exceeding 364 days’ incarceration upon the appellant’s violation of probation violates section 958.04 . . .
. . . his rule 3.800(a) motion, Cutler alleged that because he successfully completed boot camp, sections 958.04 . . . State, 899 So.2d 432 (Fla. 3d DCA 2005) (holding sections 958.04(2)(b) and 958.045(5)(c) do not apply . . . Accordingly, we reverse and remand for Cutler to be resentenced in both cases in accordance with section 958.04 . . .
. . . 364 days’ incarceration following participation in a youthful offender boot camp pursuant to section 958.04 . . . exceeding 364 days’ incarceration, upon the appellant’s violation of probation, would violate section 958.04 . . .
. . . of probation, the appellant could have been sentenced to no more than 364 days in jail under section 958.04 . . .
. . . Section 958.04(2)(c), Florida Statutes (Supp.1996), provides that the total term of incarceration and . . .
. . . Section 958.04, Florida Statutes (2002), governs the judicial disposition of youthful offender cases. . . . Section 958.04(2)(c) further provides, in pertinent part, that “the period of incarceration imposed or . . . Section 958.04(2)(b), Florida Statutes (2002) states, in pertinent part: The court may impose a period . . . Placement in such a facility or center shall not exceed 364 days. § 958.04(2)(b), Fla. . . . Reading sections 958.04(2)(b) and 958.045(5)(c) together, courts have consistently construed them as . . .
. . . Section 958.04, Florida Statutes (1987): . . .
. . . . § 958.04. . . .
. . . Section 958.04, Florida Statutes (2002), then contains the following language dealing with the subject . . .
. . . the statutes governing youthful offenders and the youthful offenders basic training program, sections 958.04 . . . State, 871 So.2d 1003, 1004 (Fla. 1st DCA 2004) (citing §§ 958.04(2)(b), 958.045(5)(c), Florida Statutes . . .
. . . . ___ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes . . .
. . . For support, he cites to sections 958.04 and 958.045, Florida Statutes (2002), and cases construing those . . . Section 958.04(2)(b), which governs the disposition of youthful offenders generally, states: The court . . . there are county-operated youthful offender boot camp programs, other than boot camps described in s. 958.04 . . .
. . . Section 958.04, Florida Statutes (2002), “Judicial disposition of youthful offenders,” provides: (2) . . .
. . . Because this sentence is not permitted under sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes . . . Section 958.04(2)(b), Florida Statutes (1997), provides: The court may impose a period of incarceration . . .
. . . training program for youthful offenders, known generally as “boot camp” and provided for in section 958.04 . . . sentence is illegal because it exceeds the statutory limitations set forth by sections 958.045(5)(c) and 958.04 . . . Section 958.04(2)(b) states that, in sentencing a youthful offender, a court may impose as a condition . . . underlying offense are superceded by the more specific provisions set forth in sections 958.045(5)(c) and 958.04 . . .
. . . . § 958.04(l)(c), Fla. Stat. (2002). . . .
. . . Papinchak’s four-year prison sentence was imposed as a condition of probation in violation of section 958.04 . . .
. . . The appellant filed a rule 3.800(a) motion alleging that his sentence is illegal under section 958.04 . . . The plain language of section 958.04(2)(b), Florida Statutes, states that a youth may only receive up . . .
. . . While section 958.04(2)(d), Florida Statutes, of the Florida Youthful Offender Act allows commitment . . . incarceration followed by two years supervision for two third-degree felonies, in light of section 958.04 . . .
. . . State, 841 So.2d 582 (Fla. 3d DCA 2003); § 958.04(1)(c), Fla. Stat. (2000). . . .
. . . . § 958.04(2)(d), Fla. Stat. (2001). . . . A sentence imposed under the Act is “[i]n lieu of other criminal penalties authorized by law....” § 958.04 . . .
. . . .” § 958.04(2), Fla. Stat. (1999). . . .
. . . Compare § 958.04(l)(c), Fla. Stat. (2001) with § 775.087(l)(c), Fla. Stat. (2001). . . . Further, youthful offender sentences are “in lieu of other criminal penalties authorized by law.” § 958.04 . . . . § 958.04(l)(c). . . .
. . . fifteen-year sentence is illegal due to the six-year cap on youthful offender sentences found in section 958.04 . . .
. . . See § 958.04(2)(a)(c)(d), Fla. Stat. (1987); Louissaint v. . . .
. . . .” § 958.04(2), Fla. Stat. (2000). . . . their twenty-first birthdays, and who meet certain other enumerated criteria, as youthful offenders. § 958.04 . . . Additionally, section 958.04, which provides only for youthful offender sentencing, controls over the . . .