Yegge v. State
2012 Fla. App. LEXIS 8803
| Fla. Dist. Ct. App. | 2012Background
- Yegge pled guilty to armed burglary, manufacture of marijuana, and paraphernalia possession on March 7, 2003.
- He was sentenced as a youthful offender with probation on burglary and marijuana charges, and time served on paraphernalia.
- Probation violations led to prison sentences, later vacated on January 4, 2006, with the original probation term continued.
- In 2007, Yegge pled guilty to possession of cocaine; probation was revoked, and he received a ten-year mandatory minimum for armed burglary plus revocation of youthful offender status.
- Yegge appealed, arguing the sentence was illegal because he should have remained a youthful offender with no mandatory minimum.
- The court analyzed whether youthful offender status must be continued on resentencing after a substantive probation violation and remanded for amendment to reflect youthful offender classification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must youthful offender status be continued after probation violation | Yegge argues status cannot be revoked on prior offenses after a violation. | State argues status may be revoked and max/mandatory terms apply if violation substantive. | The court held that youthful offender status must be continued on resentencing after probation violation. |
| Legality of the ten-year mandatory minimum after revocation of youth | Yegge contends the ten-year minimum is illegal if youth status is preserved. | State contends the maximum for the original offense may be imposed and the minimum is not inherently illegal. | The ten-year mandatory minimum was not illegal given the original offense's maximum; however, the youthful offender status must be maintained. |
Key Cases Cited
- Lee v. State, 67 So.3d 1199 (Fla. 2d DCA 2011) (cannot revoke youthful offender status upon probation violations for prior offenses)
- Blacker v. State, 49 So.3d 785 (Fla. 4th DCA 2010) (youthful offender status considerations on revocation)
- Meeks, 789 So.2d 982 (Fla. 2001) (six-year limitation for youthful offender sentences discussed)
- Swilley v. State, 781 So.2d 458 (Fla. 2d DCA 2001) (youthful offender limits on probation violations)
- Tidwell v. State, 74 So.3d 503 (Fla. 2d DCA 2011) (affirming continuation of youthful offender status on probation violation)
- Mosley v. State, 77 So.3d 877 (Fla. 2d DCA 2012) (same principle on youthful offender status continuation)
- Christian v. State, 84 So.3d 437 (Fla. 5th DCA 2012) (youthful offender status maintained while allowing maximum original-offense sentence)
- Hudson v. State, 989 So.2d 725 (Fla. 1st DCA 2008) (cannot change youthful offender status by revocation of probation)
- Gardner v. State, 656 So.2d 933 (Fla. 1st DCA 1995) (once sentenced under section 958.04, cannot be reclassified inconsistent with that statute)