Sylvera Mathurin v. State
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2013 SYLVERA MATHURIN, Appellant, v. STATE OF FLORIDA, Appellee. Nos. 4D13-411, 4D13-413, and 4D13-414 [December 11, 2013] PER CURIAM. Appellant appeals the revocation of probation a n d consequent sentence. Th e State concedes the trial court mistakenly failed to resentence Appellant as a youthful offender, even though Appellant had initially been sentenced as a youthful offender on all three of his cases. As noted by the State, it is well settled in this court that [o]nce a circuit court has imposed a youthful offender sentence, it must continue that status upon resentencing after a violation of probation or community control. Blacker v. State, 49 So. 3d 785, 788 (Fla. 4th DCA 2010); see also St. Cyr v. State, 106 So. 3d 487, 489 (Fla. 4th DCA 2013); Knite v. State, 102 So. 3d 691, 695 (Fla. 4th DCA 2012); Rogers v. State, 972 So. 2d 1017, 1019 (Fla. 4th DCA 2008). Accordingly, we remand for the trial court to correct the sentencing error by imposing a youthful offender sentence. TAYLOR, MAY and FORST, JJ., concur. * * * Consolidated appeals from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Matthew I. Destry, Judge; L.T. Case Nos. 08023459CF10A, 08020167CF10A, and 08023460CF10A. Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant. Pamela J o Bondi, Attorney General, Tallahassee, and Cynthia L. Comras, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. 2
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