Eric Rowell v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ERIC ROWELL, Appellant, v. Case No. 5D14-3782 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 10, 2015 3.800 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. WALLIS, J. Appellant appeals the trial court's summary denial of his Rule 3.800(a) Motion to Correct Illegal Sentence. The sole issue is whether the trial judge, after finding that Appellant violated his probation, erred by subsequently revoking Appellant's Youthful Offender status. We find that Rule 3.800(a) is the proper avenue for Appellant to pursue review of the revocation. Blacker v. State, 49 So. 3d 785 (Fla. 4th DCA 2010). We note that the order on appeal is silent as to the issue of the revocation of the Youthful Offender designation. We remand for the trial court to address this specific claim. REVERSED and REMANDED with INSTRUCTIONS. SAWAYA and PALMER, JJ., concur. 2

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