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Eustache v. State

District Court of Appeal of Florida, Fourth District
Nov 23, 2011
83 So. 3d 784 (Fla. Dist. Ct. App. 2011)

Opinion

No. 4D11–3636.

2011-11-23

Robin EUSTACHE, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No.2005CF009576BXX.Robin Eustache, Okeechobee, pro se. No response required for appellee.


Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp, Judge; L.T. Case No.2005CF009576BXX.Robin Eustache, Okeechobee, pro se. No response required for appellee.

PER CURIAM.

We affirm the trial court's denial of appellant's Rule 3.800(a) motion to correct illegal sentence. Pursuant to section 958.14, Florida Statutes, following appellant's substantive violation of youthful offender probation, which he admitted, the court sentenced him to fifteen years in prison for robbery with a firearm. The sentence is within the statutory maximum for this offense, authorized by the youthful offender statute, and not illegal. See id. The court did not revoke appellant's youthful offender status, so his reliance on Blacker v. State, 49 So.3d 785 (Fla. 4th DCA 2010), is misplaced.

“A defendant's status as a youthful offender matters in part because it affects the defendant's classification within the prison system and the programs and facilities to which the defendant can be assigned.” Blacker, 49 So.3d at 787 n. 2.

DAMOORGIAN, GERBER and CONNER, JJ., concur.


Summaries of

Eustache v. State

District Court of Appeal of Florida, Fourth District
Nov 23, 2011
83 So. 3d 784 (Fla. Dist. Ct. App. 2011)
Case details for

Eustache v. State

Case Details

Full title:ROBIN EUSTACHE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 23, 2011

Citations

83 So. 3d 784 (Fla. Dist. Ct. App. 2011)

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