Florida District Courts of Appeal, 1999

Willis v. State

Willis v. State
Florida District Courts of Appeal · Decided December 1, 1999 · Davis, Lawrence, Nortwick
744 So. 2d 1265; 1999 Fla. App. LEXIS 15747; 1999 WL 1075121 (Southern Reporter, Second Series)

Willis v. State

Opinion of the Court

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, JJā€ž CONCUR.

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