Woodson-Kenon v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 BENJAMIN WOODSON-KENON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-1718 [August 22, 2007] PER CURIAM. Affirmed. See § 985.233(4)(a)2., Fla. Stat. (2001) (youthful offender sentence is discretionary); § 985.233(4)(a)4., Fla. Stat. (2001) (imposing adult sanctions instead of youthful offender sanction is presumed appropriate, and the court is not required to set forth specific findings or enumerate the criteria in this subsection as any basis for its decision to impose adult sanctions ); see also Lee v. State, 679 So. 2d 1158, 1160 (Fla. 1996) ( [B]ecause the judge possessed the discretion to refuse to classify [defendant] as a youthful offender even if he had considered section 958.04, his failure to consider the statute does not make the sentence illegal under our interpretation of that term . . . . Thus, a rule 3.800(a) motion is not proper here. ). STONE, STEVENSON and MAY, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 02-8963 CF10A. Clayton R. Kaeiser, Miami, for appellant. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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