Willis v. State, 99-1133.

Decision Date01 December 1999
Docket NumberNo. 99-1133.,99-1133.
Citation744 So.2d 1265
PartiesCecil Ray WILLIS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Nancy A. Daniels, Public Defender and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Bart Schneider, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Cecil Ray Willis appeals his sentence imposed after violation of probation, arguing that the trial court erred in refusing to resentence him as a youthful offender. Under section 958.14, Florida Statutes (1997), a trial court may impose a non-youthful offender sentence on a youthful offender who commits violations of probation that involve new substantive offenses. See Hill v. State, 692 So.2d 277 (Fla. 5th DCA 1997); Dunbar v. State, 664 So.2d 1093 (Fla. 2d DCA 1995); Johnson v. State, 678 So.2d 934 (Fla. 3d DCA 1996). Here, appellant violated his probation by committing two new substantive offenses. Thus, the trial court was not limited to a youthful offender sentence. Id. Accordingly, we affirm.

LAWRENCE, DAVIS AND VAN NORTWICK, JJ., CONCUR.

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4 cases
  • Goldwire v. State
    • United States
    • Florida District Court of Appeals
    • November 2, 2011
    ...that involve new substantive offenses ... [and] the trial court [is] not limited to a youthful offender sentence.” Willis v. State, 744 So.2d 1265, 1266 (Fla. 1st DCA 1999) (citing Hill v. State, 692 So.2d 277, 278 (Fla. 5th DCA 1997) (stating that a trial court is permitted to exceed youth......
  • Flores v. The State Of Fla.
    • United States
    • Florida District Court of Appeals
    • October 6, 2010
    ...act. See Thompson v. State, 945 So. 2d 627 (Fla. 4th DCA 2006); Swilley v. State, 781 So. 2d 458 (Fla. 2d DCA 2001); Willis v. State, 744 So. 2d 1265 (Fla. 1st DCA 1999); Johnson v. State, 678 So. 2d 934 (Fla. 3d DCA 1996). This is true even when the new charges are nolle prossed or dismiss......
  • Schneider v. State, 2D00-4712.
    • United States
    • Florida District Court of Appeals
    • May 25, 2001
    ...who violated community control by committing new substantive offenses. See § 958.14, Fla. Stat. (1983 & 1991); Willis v. State, 744 So.2d 1265 (Fla. 1st DCA 1999). Because Schneider committed five new substantive offenses while on community control, the trial court imposed a thirty-year sen......
  • Farrow v. Perry Police Dept., 99-783.
    • United States
    • Florida District Court of Appeals
    • December 1, 1999
    ... ...         Robert L. Jarvis, Jr., Assistant State Attorney, Live Oak, for Appellee ...         PER CURIAM ...         Emmitt Farrow ... ...

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