MARK E. RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Richardson appeals his sentence on a charge of robbery with a firearm. With great particularity the trial judge recited that Richardson qualified for sentencing under the Youthful Offender Act, Chapter 958, Florida Statutes, in all respects but one. Section 958.04(l)(c) excludes from the Act persons convicted of life felonies. The judge determined that because this crime was a first-degree felony which involved the use of a firearm, Section 775.087(1) enhanced the offense to a life felony and precluded Richardson’s sentencing as a Youthful Offender. We agree with Richardson that the enhancement statute should not have been applied here. See Fowler v. State, 375 So. 2d 879 (Fla.2d DCA 1979); Postell v. State, 383 So. 2d 1159 (Fla.3d DCA 1980).
Accordingly, the sentence is reversed and this cause is remanded to the trial court for resentencing under Chapter 958.
ROBERT P. SMITH, Jr., LARRY G. SMITH and JOANOS, JJ., concur.
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Simpkins v. State, 784 So. 2d 1203 (Fla. 2d DCA 2001)…ony, for sentencing purposes. Robinson v. State, 621 So. 2d 556, 557 (Fla. 4th DCA 1993), overruled on other grounds, 642 So. 2d 644 (Fla. 4th DCA 1994). As such, it is not excepted from application of the Youthful Offender Act. Richardson v. State, 398 So. 2d 1010, 1011 (Fla. 1st DCA 1981). Accordingly, we reverse Simpkins’s sentence and remand to the trial court for resentencing in light of its discretion to impose a youthful offender sentence. See Burdick v. State, 594 So. 2d 267, 271 (Fla.1992) (remandin…
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Brown v. State, 458 So. 2d 313 (Fla. 5th DCA 1984)…ry statute. Hill v. State, 434 So. 2d 974 (Fla. 5th DCA 1983); see also Garvin v. State, 413 So. 2d 34 (Fla. 1st DCA 1981); Tittle v. State, 405 So. 2d 1007 (Fla. 1st DCA 1981); Lee v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981); Richardson v. State, 398 So. 2d 1010 (Fla. 1st DCA 1981). We think this applies whether the proof at trial establishes that the defendant carried or used a firearm. See Whitehead v. State, 450 So. 2d 545 (Fla. 4th DCA 1984). Criminal statutes should be construed strictly in the defenda…
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Trent v. State, 403 So. 2d 1131 (Fla. 4th DCA 1981)…LETTS, Chief Judge. This cause is reversed and remanded upon the authority of Richardson v. State, 398 So. 2d 1010 (Fla. 1st DCA 1981) which we adopt as the law of the Fourth District. We do not like this result and entertain serious doubts as to whether the legislature ever intended such preferential treatment for youthful offenders who commit armed robbery.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eve Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980)
- Fowler v. State, 375 So. 2d 879 (Fla. 2d DCA 1979)