Opinion
No. 99-1133.
Opinion filed December 1, 1999.
An appeal from the Circuit Court for Escambia County, T. Michael Jones, Judge.
Nancy A. Daniels, Public Defender and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General and Bart Schneider, Assistant Attorney General, Tallahassee, for Appellee.
Cecil Ray Willis appeals his sentence imposed after violation of probation, arguing that the trial court erred in refusing to resentence him as a youthful offender. Under section 958.14, Florida Statutes (1997), a trial court may impose a non-youthful offender sentence on a youthful offender who commits violations of probation that involve new substantive offenses. See Hill v. State, 692 So.2d 277 (Fla. 5th DCA 1997); Dunbar v. State, 664 So.2d 1093 (Fla. 2d DCA 1995); Johnson v. State, 678 So.2d 934 (Fla. 3d DCA 1996). Here, appellant violated his probation by committing two new substantive offenses. Thus, the trial court was not limited to a youthful offender sentence. Id. Accordingly, we affirm.
LAWRENCE, DAVIS AND VAN NORTWICK, JJ., CONCUR.