Summary
concluding that the omission of the defendant's youthful offender status from his written sentencing documents was an error that could be corrected at any time pursuant to rule 3.800
Summary of this case from Johnson v. StateOpinion
No. 4D12–3509.
2014-02-5
Ronald MOSLEY, Appellant, v. STATE of Florida, Appellee.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David Haimes, Judge; L.T. Case Nos. 06–2002019459CF 10A and 06–2002019876CF10B. Ronald Mosley, Miami, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for appellee.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David Haimes, Judge; L.T. Case Nos. 06–2002019459CF 10A and 06–2002019876CF10B.
Ronald Mosley, Miami, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Ronald Mosley appeals the denial of a petition for writ of habeas corpus. In his petition, Mosley alleged he was entitled to immediate release because upon finding a substantive violation of probation, the court could not revoke his youthful offender status and sentence him to more than six years where he was not convicted of the new substantive crime. There was no error in the court imposing sentences that exceeded the six-year cap that applies to technical violations. St. Cyr v. State, 106 So.3d 487, 489 (Fla. 4th DCA 2013). But, as the state acknowledges, Mosley's written sentences do not reflect his status as a youthful offender. This may have consequences for him in prison and affect his eligibility for early release. Lachenauer v. State, 117 So.3d 880, 881 (Fla. 4th DCA 2013); Christian v. State, 84 So.3d 437, 443–44 (Fla. 5th DCA 2012). Improper revocation of youthful offender status may be corrected at any time in a rule 3.800(a) motion. Blacker v. State, 49 So.3d 785, 787 (Fla. 4th DCA 2010). As a result, we reverse in part and remand for the court to correct the written sentences to reflect appellant's status as a youthful offender. GROSS, CONNER and KLINGENSMITH, JJ., concur.