Darden v. State

3 Citing cases

  1. Brown v. State

    687 So. 2d 967 (Fla. Dist. Ct. App. 1997)

    AFFIRMED. See Darden v. State, 641 So.2d 431, 432 (Fla. 2d DCA 1994); DiGuilio v. State, 419 So.2d 1129 (Fla. 1986); Hines v. State, 358 So.2d 183 (Fla. 1978). PETERSON, CJ., SHARP, W., and GOSHORN, JJ., concur.

  2. Johnson v. State

    678 So. 2d 934 (Fla. Dist. Ct. App. 1996)   Cited 20 times
    Holding youthful offender's commission of grand theft, burglary, possession of burglary tools and resisting arrest without violence are substantive violations

    Subsequent to the issuance of the mandate, the state filed a motion to recall mandate and for rehearing, asserting that its previous confession of error was itself erroneous. It had failed to realize that the holding of Arnette was based upon the pre-1990 version of section 958.14. Under amended section 958.14, a youthful offender can be sentenced in excess of six years after revocation of probation if the violation was substantive rather than technical. See § 958.14, Fla. Stat. (1995); Dunbar v. State, 664 So.2d 1093 (Fla. 2d DCA 1995); Darden v. State, 641 So.2d 431 (Fla. 2d DCA 1994); Reeves v. State, 605 So.2d 562 (Fla. 2d DCA 1992). We recalled the mandate and accepted the motion for rehearing as timely filed and received no response from the defendant.

  3. Dunbar v. State

    664 So. 2d 1093 (Fla. Dist. Ct. App. 1995)   Cited 12 times
    Applying section 958.14 and holding a defendant placed on probation as a youthful offender cannot be sentenced to more than six years' imprisonment following a revocation of probation based upon a technical violation

    Since Dunbar's probation was revoked for technical violations, he can only be sentenced to a total of six years. State v. Arnette, 604 So.2d 482 (Fla. 1992); Young v. State, 654 So.2d 1206 (Fla. 5th DCA 1995); Darden v. State, 641 So.2d 431 (Fla. 2d DCA 1994). A youthful offender can be sentenced in excess of six years after revocation of probation if the violation was substantive. See § 958.14, Fla. Stat. (1993); Reeves v. State, 605 So.2d 562 (Fla. 2d DCA 1992).