OREE DEANDRE WEST v. STATE OF FLORIDA

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District Court of Appeal of Florida, Second District.

OREE DEANDRE WEST, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 2D16-2351

Decided: December 22, 2017

Debra B. Tuomey of Debra B. Tuomey, Attorney at Law, LLC, Spring Hill, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Dawn A. Tiffin, Assistant Attorney General, Tampa, for Appellee.

We affirm without comment the order revoking Oree West's community control in case numbers 2012-CF-8004 and 2012-CF-8722 and the resulting sentences imposed in those cases. However, because the circuit court failed to continue Mr. West's youthful offender status originally assigned to him in those cases, we remand for the trial court to correct Mr. West's written sentences to reflect his continuing youthful offender status. See Ware v. State, 197 So. 3d 1147, 1150 (Fla. 2d DCA 2016) (“[F]ollowing a revocation, ‘the sentencing court must maintain the defendant's youthful offender status upon resentencing for a violation of probation even when the violation was substantive.’ ” (quoting Yegge v. State, 88 So. 3d 1058, 1059–60 (Fla. 2d DCA 2012))); see also Jaques v. State, 224 So. 3d 929, 930 (Fla. 2d DCA 2017). Mr. West need not be present.

Additionally, following revocation, the circuit court entered new judgments in 2012-CF-8004 and 2012-CF-8722. “Duplicative adjudications of guilt after revocation of probation or community control are superfluous, are unauthorized, and can cause undue confusion in future proceedings.” Butler v. State, 195 So. 3d 1147, 1148 (Fla. 2d DCA 2016); see also Pierce v. State, 150 So. 3d 1207 (Fla. 2d DCA 2014). Thus, we reverse the unauthorized judgments.

Affirmed in part, reversed in part, and remanded with directions.

PER CURIAM.

KELLY, SLEET, and LUCAS, JJ., Concur.