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Florida Statute 958.04 | Lawyer Caselaw & Research
F.S. 958.04 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 958
YOUTHFUL OFFENDERS
View Entire Chapter
F.S. 958.04
958.04 Judicial disposition of youthful offenders.
(1) The court may sentence as a youthful offender any person:
(a) Who is at least 18 years of age or who has been transferred for prosecution to the criminal division of the circuit court pursuant to chapter 985;
(b) Who is found guilty of or who has tendered, and the court has accepted, a plea of nolo contendere or guilty to a crime that is, under the laws of this state, a felony if such crime was committed before the defendant turned 21 years of age; and
(c) Who has not previously been classified as a youthful offender under this act; however, a person who has been found guilty of a capital or life felony may not be sentenced as a youthful offender under this act.
(2) In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows:
(a) The court may place a youthful offender under supervision on probation or in a community control program, with or without an adjudication of guilt, under such conditions as the court may lawfully impose for a period of not more than 6 years. Such period of supervision may not exceed the maximum sentence for the offense for which the youthful offender was found guilty.
(b) The court may impose a period of incarceration as a condition of probation or community control, which period of incarceration shall be served in a county facility, a department probation and restitution center, or a community residential facility that is owned and operated by any public or private entity providing such services. A youthful offender may not be required to serve a period of incarceration in a community correctional center as defined in s. 944.026. Admission to a department facility or center shall be contingent upon the availability of bed space and shall take into account the purpose and function of such facility or center. Placement in such a facility or center may not exceed 364 days.
(c) The court may impose a split sentence whereby the youthful offender is to be placed on probation or community control upon completion of any specified period of incarceration; however, if the incarceration period is to be served in a department facility other than a probation and restitution center or community residential facility, such period shall be for not less than 1 year or more than 4 years. The period of probation or community control shall commence immediately upon the release of the youthful offender from incarceration. The period of incarceration imposed or served and the period of probation or community control, when added together, may not exceed 6 years.
(d) The court may commit the youthful offender to the custody of the department for a period of not more than 6 years, provided that any such commitment may not exceed the maximum sentence for the offense for which the youthful offender has been convicted. Successful participation in the youthful offender program by an offender who is sentenced as a youthful offender by the court pursuant to this section, or is classified as such by the department, may result in a recommendation to the court, by the department, for a modification or early termination of probation, community control, or the sentence at any time prior to the scheduled expiration of such term. The department shall adopt rules defining criteria for successful participation in the youthful offender program which shall include program participation, academic and vocational training, and satisfactory adjustment. When a modification of the sentence results in the reduction of a term of incarceration, the court may impose a term of probation or community control which, when added to the term of incarceration, may not exceed the original sentence imposed.
(3) The provisions of this section shall not be used to impose a greater sentence than the permissible sentence range as established by the Criminal Punishment Code pursuant to chapter 921 unless reasons are explained in writing by the trial court judge which reasonably justify departure. A sentence imposed outside of the code is subject to appeal pursuant to s. 924.06 or s. 924.07.
(4) Due to severe prison overcrowding, the Legislature declares the construction of a basic training program facility is necessary to aid in alleviating an emergency situation.
(5) The department shall provide a special training program for staff selected for the basic training program.
History.s. 5, ch. 78-84; s. 1, ch. 80-321; s. 20, ch. 85-288; s. 1, ch. 87-58; s. 3, ch. 87-110; s. 7, ch. 90-208; s. 11, ch. 90-211; s. 11, ch. 91-225; s. 8, ch. 93-406; s. 101, ch. 94-209; s. 22, ch. 96-312; s. 31, ch. 97-94; s. 36, ch. 97-194; s. 21, ch. 98-204; s. 61, ch. 98-280; s. 7, ch. 2008-250; s. 67, ch. 2019-167.

F.S. 958.04 on Google Scholar

F.S. 958.04 on Casetext

Amendments to 958.04


Arrestable Offenses / Crimes under Fla. Stat. 958.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 958.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

REDDEN, v. STATE, 275 So. 3d 1277 (Fla. App. Ct. 2019)

. . . age, but failed to tell him about the possibility of a youthful offender disposition under section 958.04 . . .

MOSS, v. STATE, 270 So. 3d 559 (Fla. App. Ct. 2019)

. . . . § 958.04(1) & (2), Fla. Stat. . . .

COOPER, v. STATE, 267 So. 3d 558 (Fla. App. Ct. 2019)

. . . See § 958.04, Fla. Stat. (2009). . . . See § 958.04(2). . . .

E. WALLACE, v. STATE, 257 So. 3d 1054 (Fla. App. Ct. 2018)

. . . See § 958.04, Fla. Stat. (2016). This was improper. . . . See § 921.0026(2)(l ); § 958.04, Fla. Stat. (2016). . . .

BROWN, v. STATE, 260 So. 3d 1101 (Fla. App. Ct. 2018)

. . . The court may also classify the child as a youthful offender under s. 958.04, if appropriate. . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . __ County, Florida ___ The defendant is sentenced as a youthful offender in accordance with section 958.04 . . .

C. WILHELM, v. STATE, 253 So. 3d 736 (Fla. App. Ct. 2018)

. . . See § 958.04(1)(b), Fla. Stat. . . .

EUSTACHE, v. STATE, 248 So. 3d 1097 (Fla. 2018)

. . . Majority op. at 1098-99; see § 958.04, Fla. Stat. (2017). . . . that penalties under the Act are imposed "[i]n lieu of other criminal penalties authorized by law." § 958.04 . . . easily added language to section 958.14 stating that if a sentence above the cap provisions of section 958.04 . . . , community control, or the sentence at any time prior to the scheduled expiration of such term." § 958.04 . . . . § 958.04(1) - (2), Fla. Stat. (2005). . . . . §§ 958.03(5), 958.04(2)(d), Fla. Stat. . . .

STATE v. LACKEY,, 248 So. 3d 1222 (Fla. App. Ct. 2018)

. . . Lackey would likely qualify for a youthful offender designation pursuant to section 958.04, Florida Statutes . . . See § 958.04(1)(c) ; Christian v. . . . See § 958.04(2)(a)-(d). Mr. . . .

BLACKWOOD, v. STATE, 243 So. 3d 417 (Fla. App. Ct. 2018)

. . . . § 958.04(1)(b), Fla. Stat. (2008). . . .

COOPER, v. STATE, 235 So. 3d 1034 (Fla. Dist. Ct. App. 2018)

. . . See § 958.04, Fla. . . . See id. § 958.04(2), Cooper was sentenced to 479 days in the Department of Corrections (“DOC”), followed . . . State, 835 So.2d 348, 349 (Fla. 4th DCA 2003); § 958.04(2), Fla. Stat. (2001)). . . . When read together, sections 958.04, 948.06, and 958.14 permit the trial court to sentence a youthful . . .

A. PACHECO- VELASQUEZ, v. STATE, 208 So. 3d 293 (Fla. Dist. Ct. App. 2016)

. . . Section 958.04(2)(a), Florida Statutes (2018), provides the authority to impose the very judgment and . . . See § 958.04(l)(c) (providing “... a person who has been found guilty of a capital or life felony may . . .

E. STEWART, v. STATE, 201 So. 3d 1258 (Fla. Dist. Ct. App. 2016)

. . . See § 958.04, Fla. . . .

EUSTACHE, v. STATE, 199 So. 3d 484 (Fla. Dist. Ct. App. 2016)

. . . the position that once a trial court decides to impose a sentence above the cap provisions of section 958.04 . . . easily added language to section 958.14 stating that if a sentence above the cap provisions of section 958.04 . . . See § 958.04(2)(d), Fla. Stat. (2005). . . . .” § 958.04(2), Fla. Stat. (2005). . . . First, if an incarcerative sentence is still available under the cap provisions of section 958.04(2), . . . discretion to sentence the defendant as a youthful offender (meaning within the cap provisions of section 958.04 . . . supervision, the trial court has the discretion either to sentence under the cap provisions of section 958.04 . . .

C. JACKSON, v. STATE, 191 So. 3d 423 (Fla. 2016)

. . . Before this Court, Jackson raises a facial challenge to the constitutionality of section 958.04(l)(b) . . . For the reasons that follow, we held that section 958.04(l)(b) is constitutional as amended and does . . . The Legislature did not provide guidance when it amended section 958.04(l)(b). . . . Therefore, section 958.04(l)(b) need only satisfy the rational basis test. . . . For this reason, section 958.04(l)(b) does not violate due process. . . . I dissent, because the 2008 legislative change to section 958.04, Florida Statutes, as to what determines . . . See, e.g., § 958.04(2)(c), Fla. . . .

McBURNETT, Jr. v. STATE, 188 So. 3d 972 (Fla. Dist. Ct. App. 2016)

. . . See § 958.04(l)-(2), Fla. Stat. (2009). . . .

D. BLAXTON, v. STATE, 187 So. 3d 216 (Fla. 2016)

. . . probation term that the Second District later found impermissible under sections 958.045(5)(c) and 958.04 . . .

CRUZ, v. STATE, 198 So. 3d 648 (Fla. Dist. Ct. App. 2015)

. . . See § 958.04, Fla. Stat. (2013). In case 13-CF-17933, Mr. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . Sheriff of_County, Florida _ The defendant is sentenced as a youthful offender in accordance with section 958.04 . . .

BLAXTON, v. STATE, 179 So. 3d 358 (Fla. Dist. Ct. App. 2015)

. . . While section 958.04(2)(b) provides that a period of incarceration of up to 364 days may be imposed as . . .

YEGGE, v. STATE, 186 So. 3d 553 (Fla. Dist. Ct. App. 2015)

. . . reading of section 958.14 leads to the conclusion that the sentencing limitations contained in section 958.04 . . . that a sentence imposed after á substantive violation is limited by the other qualifiers of section 958.04 . . . Amette simply does not support application of the sentencing limitations of section 958.04 to a youthful . . . However, both Mendez and Jones address' initial youthful offender sentencing under section 958.04, not . . . Section 958.14 does not extend the sentencing limitations of section 958.04 to youthful offenders who . . . , is life and .the six-year cap for the originally imposed youthful offender sentence under section 958.04 . . . 958.14 serves to sever the restraints of the original youthful offender sentencing caps of section 958.04 . . .

LEWIS, v. STATE, 159 So. 3d 288 (Fla. Dist. Ct. App. 2015)

. . . Lewis was sentenced as a youthful offender under section 958.04, Florida Statutes (2010), to probation . . .

R. DONALDSON, v. STATE, 146 So. 3d 1221 (Fla. Dist. Ct. App. 2014)

. . . See §§ 958.04(2)(b), .045(5)(c), Fla. Stat. (2005); Cutler v. . . .

FLORIDA DEPARTMENT OF CORRECTIONS, v. WILLIAMS,, 162 So. 3d 42 (Fla. Dist. Ct. App. 2014)

. . . Section 958.04(2)(b), Florida Statutes, provides, in part, that: The court may impose a period of incarceration . . . residential facility that is owned and operated by any public or private entity providing such services... § 958.04 . . . In addition, section 958.04(2)(b) provides that “[placement in such a facility or center may not exceed . . .

A. SHULTZ, v. STATE, 136 So. 3d 1232 (Fla. Dist. Ct. App. 2014)

. . . directly discuss whether a defendant who was permissibly treated as a youthful offender under section 958.04 . . . In Goodson, the court held that section 958.04(2) mandated a youthful offender designation if certain . . .

SILER, v. STATE, 135 So. 3d 1126 (Fla. Dist. Ct. App. 2014)

. . . . § 958.04(2), Fla. Stat. (2010). . . .

C. JACKSON, v. STATE, 137 So. 3d 470 (Fla. Dist. Ct. App. 2014)

. . . See § 958.04(l)(b), Fla. Stat. (2008). . . . we write to reverse the costs imposed against Appellant and address the constitutionality of section 958.04 . . . See Ch. 78-84, Laws of Fla.; § 958.04(1), Fla. Stat. . . . Ch. 2008-250, § 7, Laws of Fla.; § 958.04(1)(b), Fla. Stat. (2008) (emphasis added). . . . Thus we also reject Appellant’s substantive due process challenge to section 958.04(l)(b). . . .

UNITED STATES v. NASH,, 558 F. App'x 599 (6th Cir. 2014)

. . . . § 958.04. . . . Thus the court concluded “the Florida Youthful Offender Act, Florida Statutes § 958.04, does not negate . . . See Cortes, 427 Fed.Appx. at 806-07 (“[T]he Florida Youthful Offender Act, Florida Statutes § 958.04, . . . (emphasis added); id. § 958.04(1) (“The court may sentence as a youthful offender any person [who meets . . . (emphasis added); id. § 958.04(2)(c) (providing for sentences split between incarceration and community . . .

K. JOSEY, v. STATE, 128 So. 3d 247 (Fla. Dist. Ct. App. 2013)

. . . sentences as violative of the six-year limitation applicable to youthful offender sentences under section 958.04 . . . Although the sentencing court was not limited by the six-year cap of section 958.04 because Josey committed . . .

A. MARTINEZ, v. STATE, 123 So. 3d 701 (Fla. Dist. Ct. App. 2013)

. . . See § 958.04(2), Fla. Stat. (2012); Bennett v. . . .

DAVIS, v. STATE, 117 So. 3d 815 (Fla. Dist. Ct. App. 2013)

. . . Pursuant to the 2004 version of sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes, if a youthful . . . sentenced, in the event of a subsequent VOP, pursuant to the applicable (2004) version of sections 958.04 . . . Section 958.04 concerns the disposition of youthful offenders. . . . Placement in such a facility or center shall not exceed 364 days. § 958.04(2)(b), Fla. . . .

TOBLER, v. STATE, 115 So. 3d 1090 (Fla. Dist. Ct. App. 2013)

. . . See § 958.04(2)(b), Fla. Stat. (2005); Negron v. State, 90 So.3d 948 (Fla. 5th DCA 2012); Lamore v. . . . Section 958.04(2)(b), Fla. . . .

ROLLE, v. STATE, 125 So. 3d 914 (Fla. Dist. Ct. App. 2013)

. . . See § 958.04, Fla. Stat. (2011). . . .

HAMIL, v. STATE, 106 So. 3d 495 (Fla. Dist. Ct. App. 2013)

. . . See § 958.04(l)(b), Fla. Stat. (2010). During the plea colloquy before Judge John J. . . .

GALLIMORE, v. STATE, 100 So. 3d 1264 (Fla. Dist. Ct. App. 2012)

. . . open no contest plea and filed a motion to be sentenced as a youthful offender pursuant to section 958.04 . . . penalties authorized by law” unless the person “has been found guilty of a capital or life felony.” § 958.04 . . . the custody of the department for a period of not more than 6 years” subject to certain conditions. § 958.04 . . . Section 958.04(1), Florida Statutes (2008), provides: The court may sentence as a youthful offender any . . .

WRIGHT, v. STATE, 96 So. 3d 1145 (Fla. Dist. Ct. App. 2012)

. . . .” § 958.04(l)(b), Fla. Stat. (2007) (emphasis supplied). . . . .” § 958.04(l)(b), Fla. Stat. (2008) (emphasis supplied). . . .

A. YEGGE, v. STATE, 88 So. 3d 1058 (Fla. Dist. Ct. App. 2012)

. . . 937 (Fla. 1st DCA 1995) (holding that “once a defendant is sentenced under the provisions of section 958.04 . . . court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04 . . .

D. LAMORE, v. STATE, 86 So. 3d 546 (Fla. Dist. Ct. App. 2012)

. . . He further asserted that pursuant to section 958.04(2)(b), Florida Statutes (2005), this meant that his . . .

CHRISTIAN, Jr. v. STATE, 84 So. 3d 437 (Fla. Dist. Ct. App. 2012)

. . . . § 958.04(1), Fla. Stat. (2011). . . . offender sentencing is not available for defendants guilty of a capital or life felony, see section 958.04 . . . Id. at 349 (quoting § 958.04(2), Fla. Stat. (2001)). . . . Finally, section 958.04(2)(d) affords defendants sentenced as a youthful offender an opportunity to have . . . offender, but are nonetheless classified as a youthful offender by the Department of Corrections. § 958.04 . . .

MILLER, v. STATE, 77 So. 3d 888 (Fla. Dist. Ct. App. 2012)

. . . See §§ 958.045(5)(e), 958.04(2)(b), Fla. . . .

UNITED STATES v. CORTES, a. k. a. a. k. a., 427 F. App'x 803 (11th Cir. 2011)

. . . County Jail (Youthful Offender)” and was “sentenced as a youthful offender in accordance with F.S. 958.04 . . . Third, we agree with the district court that the Florida Youthful Offender Act, Florida Statutes § 958.04 . . . Section 958.04 gives the criminal division of the Florida Circuit Court the discretion to sentence eligible . . . Stat. § 958.04(1). . . . Id. § 958.04(2)(a)-(c); see also id. § 958.021 (stating that the purpose of the Florida Youthful Offender . . .

UNITED STATES v. ORTIZ,, 413 F. App'x 114 (11th Cir. 2011)

. . . . § 958.04(1). . . . Id. § 958.04(2)(a)-(e). . . . Id. § 958.04(2)(d). . . .

STATE v. MALONE,, 50 So. 3d 60 (Fla. Dist. Ct. App. 2010)

. . . See § 958.04(l)(c), Fla. . . .

URBAN, v. STATE, 46 So. 3d 1113 (Fla. Dist. Ct. App. 2010)

. . . offenses, September 27, 2008, a trial court could impose a youthful offender sentence under section 958.04 . . . On October 1, 2008, section 958.04(l)(b) was amended to require the defendant to be under the age of . . .

BLACKER, v. STATE, 49 So. 3d 785 (Fla. Dist. Ct. App. 2010)

. . . no dispute that Blacker initially received a youthful offender sentence in accordance with section 958.04 . . . Stat. (1997), is “[i]n lieu of other criminal penalties authorized by law ...” § 958.04(2), Fla. . . . So.2d 933, 937 (Fla. 1st DCA 1995) (“once a defendant is sentenced under the provisions of section 958.04 . . . court may not reclassify the defendant and sentence him or her in a manner inconsistent with section 958.04 . . . termination for youthful offenders who successfully participate in the youthful offender program. § 958.04 . . .

McKINNEY, v. STATE, 27 So. 3d 160 (Fla. Dist. Ct. App. 2010)

. . . . § 958.04(1), Fla. Stat. (2007). . . .

STATE v. PELHAM,, 25 So. 3d 1253 (Fla. Dist. Ct. App. 2010)

. . . Section 958.04, Florida Statutes (2006), permits a trial court to sentence a defendant as a youthful . . .

LOVE, v. STATE, 24 So. 3d 704 (Fla. Dist. Ct. App. 2009)

. . . exceeded 364 days of incarceration, where the youthful offender attended boot camp pursuant to section 958.04 . . . by probation — there was no special condition of incarceration as part of the probation, per section 958.04 . . . offender who completes county boot camp is not limited in his sentencing exposure pursuant to sections 958.04 . . .

BENNETT, v. STATE, 24 So. 3d 693 (Fla. Dist. Ct. App. 2009)

. . . sentencing, Bennett’s counsel urged the trial court to sentence him as a youthful offender under section 958.04 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . . _ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes . . .

RIVERA, v. STATE, 16 So. 3d 330 (Fla. Dist. Ct. App. 2009)

. . . See § 958.04(l)(e), Fla. Stat. (2004). . . .

V. DAVIS, Jr. v. STATE, 16 So. 3d 995 (Fla. Dist. Ct. App. 2009)

. . . The trial court sentenced him as a youthful offender under section 958.04, Florida Statutes, to two years . . .

WINDHAM, v. STATE, 14 So. 3d 255 (Fla. Dist. Ct. App. 2009)

. . . See § 958.04(1), Fla. Stat. . . . defendants found guilty of capital or life felonies from consideration for youthful offender sentencing. § 958.04 . . .

DAVIS, v. STATE, 15 So. 3d 770 (Fla. Dist. Ct. App. 2009)

. . . See §§ 958.04(2)(b), 045(5)(c), Fla. Stat. (1997); Bloodworth v. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 998 So. 2d 1128 (Fla. 2008)

. . . . _ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes . . .

HUDSON, v. STATE, 989 So. 2d 725 (Fla. Dist. Ct. App. 2008)

. . . Because section 958.04(2)(a) limited a combined sentence of probation and community control to six years . . .

MARTINEZ, v. STATE, 980 So. 2d 1245 (Fla. Dist. Ct. App. 2008)

. . . six years as a youthful offender on a technical violation of his supervision in violation of section 958.04 . . . three of the six years in custody, he argued that the sixty-month term of probation violated section 958.04 . . .

MORRISON, v. STATE, 978 So. 2d 284 (Fla. Dist. Ct. App. 2008)

. . . He argues that, pursuant to sections 958.04(2)(b) and 958.045(5)(c), Florida Statutes (2004), the court . . . See §§ 958.04(2)(b), 958.045(5)(c), Fla. Stat. (2004). . . .

A. GREEN, v. STATE v. R., 975 So. 2d 1090 (Fla. 2008)

. . . person who is sentenced as such by the court or is classified as such by the department pursuant to s. 958.04 . . . Further, section 958.04(2) states: In lieu of other criminal penalties authorized by law and notwithstanding . . .

K. POSTELL, v. STATE, 971 So. 2d 986 (Fla. Dist. Ct. App. 2008)

. . . pleas that the trial court had the discretion to sentence him as a youthful offender under section 958.04 . . . Section 958.04, Florida Statutes, governing the judicial disposition of youthful offenders, authorizes . . . Specifically, section 958.04(1), Florida Statutes (2004), provides: (1) The court may sentence as a youthful . . .

SMITH, v. STATE, 968 So. 2d 675 (Fla. Dist. Ct. App. 2007)

. . . See § 958.04(2)(b), Fla.. Stat.; Mason v. State, 864 So.2d 1225 (Fla. 1st DCA 2004). . . .

STATE v. BLACKBURN,, 965 So. 2d 231 (Fla. Dist. Ct. App. 2007)

. . . Blackburn points to section 958.04(2)(a), Florida Statutes (2005), which provides that “[i]n lieu of . . . youthful offenders, section 784.08(3) would have begun: “Notwithstanding the provisions of ss. 948.01 and 958.04 . . .

MORELAND, v. STATE, 963 So. 2d 949 (Fla. Dist. Ct. App. 2007)

. . . whether he actually qualified for youthful offender sentencing, and addressing the criteria under section 958.04 . . .

WOODSON- KENON, v. STATE, 963 So. 2d 347 (Fla. Dist. Ct. App. 2007)

. . . discretion to refuse to classify [defendant] as a youthful offender even if he had considered section 958.04 . . .

FOXWORTH, v. STATE, 961 So. 2d 990 (Fla. Dist. Ct. App. 2007)

. . . See §§ 958.045(5)(c) & 958.04(2)(b), Fla. Stat. (2001); Thomas v. . . .

JOHNSON, v. STATE, 959 So. 2d 1239 (Fla. Dist. Ct. App. 2007)

. . . P. 3.800(b), and § 958.04(2), Fla. Stat. (2001). . . .

L. RUTH, v. STATE, 949 So. 2d 288 (Fla. Dist. Ct. App. 2007)

. . . advised the trial court of the option to sentence appellant as a youthful offender pursuant to section 958.04 . . . The trial court denied this claim based on section 958.04’s specific wording which states that an individual . . . sentenced pursuant to the Youthful Offender Act may receive a maximum of six years’ imprisonment. § 958.04 . . . State, 638 So.2d 986 (Fla. 1st DCA 1994) (holding that the express language of section 958.04(2), which . . .

MORELAND, v. STATE, 945 So. 2d 606 (Fla. Dist. Ct. App. 2006)

. . . counsel to advise him that he had the right to seek sentencing as a youthful offender under section 958.04 . . . qualified for youthful offender sentencing under the statute, addressing all of the criteria of section 958.04 . . .

SMITH, v. STATE, 941 So. 2d 565 (Fla. Dist. Ct. App. 2006)

. . . See § 958.04(2)(c), Fla. Stat. (1999). . . .

M. PORTER, v. STATE, 940 So. 2d 579 (Fla. Dist. Ct. App. 2006)

. . . State, 769 So.2d 1117 (Fla. 2d DCA 2000); § 958.04(2)(b), Fla. Stat. (2001). . . .

GOELZ, v. STATE, 937 So. 2d 1237 (Fla. Dist. Ct. App. 2006)

. . . Once the court declared him a youthful offender, pursuant to section 958.04(2)(e), Florida Statutes, . . .

EASON, v. STATE, 932 So. 2d 465 (Fla. Dist. Ct. App. 2006)

. . . court was required to sentence him to no more than 364 days in prison under sections 958.045(5)(c) and 958.04 . . . This Court ruled that the specific provisions of sections 958.045(5)(c) and 958.04(2)(b) su-perceded . . .

UNITED STATES v. WILLIAMS,, 181 F. App'x 945 (11th Cir. 2006)

. . . . § 958.04(1), for robbery with a deadly weapon and aggravated battery. . . .

DIAZ, v. STATE, 929 So. 2d 668 (Fla. Dist. Ct. App. 2006)

. . . 364 days’ incarceration following participation in a youthful offender boot camp pursuant to section 958.04 . . . sentence exceeding 364 days’ incarceration upon the appellant’s violation of probation violates section 958.04 . . .

CUTLER, v. STATE, 927 So. 2d 249 (Fla. Dist. Ct. App. 2006)

. . . his rule 3.800(a) motion, Cutler alleged that because he successfully completed boot camp, sections 958.04 . . . State, 899 So.2d 432 (Fla. 3d DCA 2005) (holding sections 958.04(2)(b) and 958.045(5)(c) do not apply . . . Accordingly, we reverse and remand for Cutler to be resentenced in both cases in accordance with section 958.04 . . .

THERRIEN, v. STATE, 914 So. 2d 942 (Fla. 2005)

. . . .” § 958.04(2)(a), Fla. Stat. (1995). . . . .

CLARIDY, v. STATE, 911 So. 2d 856 (Fla. Dist. Ct. App. 2005)

. . . 364 days’ incarceration following participation in a youthful offender boot camp pursuant to section 958.04 . . . exceeding 364 days’ incarceration, upon the appellant’s violation of probation, would violate section 958.04 . . .

G. GREEN, v. STATE, 902 So. 2d 898 (Fla. Dist. Ct. App. 2005)

. . . of probation, the appellant could have been sentenced to no more than 364 days in jail under section 958.04 . . .

LYNCH, v. STATE, 898 So. 2d 277 (Fla. Dist. Ct. App. 2005)

. . . Section 958.04(2)(c), Florida Statutes (Supp.1996), provides that the total term of incarceration and . . .

HOLMES, v. STATE, 899 So. 2d 432 (Fla. Dist. Ct. App. 2005)

. . . Section 958.04, Florida Statutes (2002), governs the judicial disposition of youthful offender cases. . . . Section 958.04(2)(c) further provides, in pertinent part, that “the period of incarceration imposed or . . . Section 958.04(2)(b), Florida Statutes (2002) states, in pertinent part: The court may impose a period . . . Placement in such a facility or center shall not exceed 364 days. § 958.04(2)(b), Fla. . . . Reading sections 958.04(2)(b) and 958.045(5)(c) together, courts have consistently construed them as . . .

BOYNTON, v. STATE, 896 So. 2d 898 (Fla. Dist. Ct. App. 2005)

. . . Section 958.04, Florida Statutes (1987): . . .

UNITED STATES v. WENDELL a k a HARTMAN,, 117 F. App'x 829 (3d Cir. 2004)

. . . . § 958.04. . . .

STATE v. MILLER,, 888 So. 2d 76 (Fla. Dist. Ct. App. 2004)

. . . Section 958.04, Florida Statutes (2002), then contains the following language dealing with the subject . . .

FETTLER, v. STATE, 885 So. 2d 411 (Fla. Dist. Ct. App. 2004)

. . . the statutes governing youthful offenders and the youthful offenders basic training program, sections 958.04 . . . State, 871 So.2d 1003, 1004 (Fla. 1st DCA 2004) (citing §§ 958.04(2)(b), 958.045(5)(c), Florida Statutes . . .

AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 886 So. 2d 197 (Fla. 2004)

. . . . ___ The defendant is sentenced as a youthful offender in accordance with section 958.04, Florida Statutes . . .

LEE, v. STATE, 884 So. 2d 460 (Fla. Dist. Ct. App. 2004)

. . . For support, he cites to sections 958.04 and 958.045, Florida Statutes (2002), and cases construing those . . . Section 958.04(2)(b), which governs the disposition of youthful offenders generally, states: The court . . . there are county-operated youthful offender boot camp programs, other than boot camps described in s. 958.04 . . .

SLOAN, v. STATE, 884 So. 2d 378 (Fla. Dist. Ct. App. 2004)

. . . Section 958.04, Florida Statutes (2002), “Judicial disposition of youthful offenders,” provides: (2) . . .

BLAXTON, v. STATE, 868 So. 2d 620 (Fla. Dist. Ct. App. 2004)

. . . Because this sentence is not permitted under sections 958.045(5)(c) and 958.04(2)(b), Florida Statutes . . . Section 958.04(2)(b), Florida Statutes (1997), provides: The court may impose a period of incarceration . . .

MASON, v. STATE, 864 So. 2d 1225 (Fla. Dist. Ct. App. 2004)

. . . training program for youthful offenders, known generally as “boot camp” and provided for in section 958.04 . . . sentence is illegal because it exceeds the statutory limitations set forth by sections 958.045(5)(c) and 958.04 . . . Section 958.04(2)(b) states that, in sentencing a youthful offender, a court may impose as a condition . . . underlying offense are superceded by the more specific provisions set forth in sections 958.045(5)(c) and 958.04 . . .

STATE v. L. BROWN,, 855 So. 2d 270 (Fla. Dist. Ct. App. 2003)

. . . . § 958.04(l)(c), Fla. Stat. (2002). . . .

PAPINCHAK, v. STATE, 870 So. 2d 40 (Fla. Dist. Ct. App. 2003)

. . . Papinchak’s four-year prison sentence was imposed as a condition of probation in violation of section 958.04 . . .

F. LAWSON, v. STATE, 845 So. 2d 986 (Fla. Dist. Ct. App. 2003)

. . . The appellant filed a rule 3.800(a) motion alleging that his sentence is illegal under section 958.04 . . . The plain language of section 958.04(2)(b), Florida Statutes, states that a youth may only receive up . . .

J. McKEE, v. STATE, 844 So. 2d 816 (Fla. Dist. Ct. App. 2003)

. . . While section 958.04(2)(d), Florida Statutes, of the Florida Youthful Offender Act allows commitment . . . incarceration followed by two years supervision for two third-degree felonies, in light of section 958.04 . . .

HODGES, v. STATE, 842 So. 2d 300 (Fla. Dist. Ct. App. 2003)

. . . State, 841 So.2d 582 (Fla. 3d DCA 2003); § 958.04(1)(c), Fla. Stat. (2000). . . .

MENDEZ, v. STATE, 835 So. 2d 348 (Fla. Dist. Ct. App. 2003)

. . . . § 958.04(2)(d), Fla. Stat. (2001). . . . A sentence imposed under the Act is “[i]n lieu of other criminal penalties authorized by law....” § 958.04 . . .

INMAN, Jr. v. STATE, 842 So. 2d 862 (Fla. Dist. Ct. App. 2003)

. . . .” § 958.04(2), Fla. Stat. (1999). . . .

BEATRICE, v. STATE, 832 So. 2d 972 (Fla. Dist. Ct. App. 2003)

. . . Compare § 958.04(l)(c), Fla. Stat. (2001) with § 775.087(l)(c), Fla. Stat. (2001). . . . Further, youthful offender sentences are “in lieu of other criminal penalties authorized by law.” § 958.04 . . . . § 958.04(l)(c). . . .

WINDOM, v. STATE, 835 So. 2d 1174 (Fla. Dist. Ct. App. 2002)

. . . fifteen-year sentence is illegal due to the six-year cap on youthful offender sentences found in section 958.04 . . .

WHITE, v. STATE, 828 So. 2d 491 (Fla. Dist. Ct. App. 2002)

. . . See § 958.04(2)(a)(c)(d), Fla. Stat. (1987); Louissaint v. . . .

STATE v. R. DRURY, Jr., 829 So. 2d 287 (Fla. Dist. Ct. App. 2002)

. . . .” § 958.04(2), Fla. Stat. (2000). . . . their twenty-first birthdays, and who meet certain other enumerated criteria, as youthful offenders. § 958.04 . . . Additionally, section 958.04, which provides only for youthful offender sentencing, controls over the . . .