Shultz v. State
136 So. 3d 1232
Fla. Dist. Ct. App.2014Background
- Shultz pled guilty in 1979 as an adult to burglary with assault and attempted sexual battery; sentenced to two years for attempted sexual battery and lifetime probation for burglary, designated as a youthful offender.
- Probation was revoked in 1980 for violating condition five; the court sentenced Shultz to 99 years, with no new substantive offense proven.
- In 1982, this court affirmed the 99-year sentence, relying on State v. Goodson; the opinion did not clearly address whether a youthful offender must be resentenced upon revocation for a probation violation.
- Since Brandle v. State, the Fourth District had held that a youthful offender’s later incarceration must comply with statutory limits (up to six years for revocation), reflecting limits on penalties for youthful offenders.
- The legislature later amended related provisions, notably abolishing the pre-1990 six-year cap for certain violations, but those amendments did not apply to Shultz’s case.
- In 2012, Shultz filed a Florida Rule of Criminal Procedure 3.800(a) motion challenging the legality of his sentence; the postconviction court denied it as barred by law of the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the revocation of youthful offender status with a life sentence was an illegal sentence | Shultz argues the 99-year term exceeded statutory limits for a revocation | State contends the prior appellate decision and law of the case supported the sentence | Yes; the sentence was illegal and subject to correction |
| Whether law of the case bars relief for an illegal sentence | Shultz contends law of the case does not bar relief for manifest injustice | State relies on earlier precedent to deny relief | No; rare exceptions permit relief to prevent manifest injustice |
| Whether the remedy is to vacate and resentence as a youthful offender within six years | Shultz seeks resentencing to a six-year maximum under youthful offender provisions | State would permit limited re-sentencing but under old interpretations | Yes; remand for vacating the life sentence and resentencing to ≤ six years |
| Whether the sentence entitles release from prison | Resentencing within six years would qualify for release | Not directly addressed beyond correcting the illegal sentence | Noted: resentence within six years would entitle release |
Key Cases Cited
- Brandle v. State, 406 So.2d 1221 (Fla. 4th DCA 1981) (youthful offender designation limits on post-revocation confinement)
- State v. Arnette, 604 So.2d 482 (Fla. 1992) (held life imprisonment for revocation of community control was illegal in similar context)
- Goodson v. State, 403 So.2d 1337 (Fla. 1981) (youthful offender designation prerequisites; not directly addressing revocation sentencing)
- Lawton v. State, 731 So.2d 60 (Fla. 2d DCA 1999) (exception to law-of-the-case for manifest injustice in 3.800(a) context)
- Haager v. State, 36 So.3d 883 (Fla. 2d DCA 2010) (writ of habeas corpus to remedy manifest injustice in sentencing)