Newberry v. State

After entering a plea of nolo contendere to vehicular manslaughter, appellant was adjudicated a youthful offender and sentenced to five years in the state prison, but after serving three years, appellant was to be placed on probation for the remaining two years. Subsequently, appellant violated his probation, which was then revoked. He sought to be sentenced as a youthful offender pursuant to Section 958.05, Florida Statutes (1979) but the court declined, sentencing him to five years in prison with credit for time served with the proviso that should appellant be paroled he not return to…