Mistretta v. State
Mistretta v. State
Opinion of the Court
Vincent Mistretta appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Mistretta was originally sentenced as a youthful offender for counts of lewd and lascivious battery, child abuse, and assault and battery on a prison facility detainee or visitor. While serving the probationary portions of those sentences, Mistretta violated his probation by committing a new law violation.
We also note that under section 958.14, Florida Statutes (2005), a youthful offender who commits a substantive violation of probation can be sentenced to the maximum sentence allowable for the original crime. Therefore Mistretta’s eight-year prison sentence for one count of lewd and lascivious battery is legal. See § 800.04(4), Fla. Stat. (2005); State v. Meeks, 789 So.2d 982, 984-85 (Fla. 2001); Smiley v. State, 781 So.2d 458, 460 (Fla. 2d DCA 2001). Accordingly, we reverse the postconviction court’s order and remand only for amendment of Mistretta’s sentence to reflect his youthful offender classification.
Reversed and remanded.
Reference
- Full Case Name
- Vincent MISTRETTA v. STATE of Florida
- Cited By
- 5 cases
- Status
- Published