JOHNNY LEON WHITLOCK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-10-06
No. 80-1904
Before HUBBART, C. J., and BARK-DULL and HENDRY, JJ.
404 So. 2d 795 Florida District Court of Appeal, Third District (1981) Negative Treatment
Cited by 29 cases

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Holding

The court held that the sentencing provisions of the Youthful Offender Act are exclusive and preclude the imposition of mandatory minimum sentences under section 775.087(2) for eligible youthful offenders.


Headnotes

[1] A defendant classified as a youthful offender under the Youthful Offender Act is subject to the sentencing provisions of that Act exclusively, in lieu of other criminal p…

[2] A first-degree felony, such as armed robbery, does not disqualify a defendant from being classified as a youthful offender under Florida law.

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Facts & Procedural History

Appellant Whitlock pleaded guilty to robbery and unlawful firearm possession and qualified for the Youthful Offender Act. Despite this, the trial judg…

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Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

This appeal challenges the imposition of mandatory three year prison terms on a youthful offender pursuant to section 775.-087(2), Florida Statutes (1979). We reverse and remand for resentencing.

Appellant Whitlock entered guilty pleas to charges of robbery and unlawful possession of a firearm while engaged in a criminal offense. Appellant qualifies for the more lenient sentencing provisions of the Youthful Offender Act, Chapter 958, Florida Statutes (1979). Notwithstanding appellant’s status as a youthful offender, prior to sentencing the trial judge stated that he was obligated to impose a mandatory three year minimum term of imprisonment for each charge in accordance with section 775.-087(2) because appellant carried a firearm during the robbery. Consequently, appellant was sentenced to two concurrent three year minimum terms.

Appellant submits that his status as a youthful offender under Chapter 958 precluded the minimum three year sentences imposed under section 775.087. The state, in turn, argues that appellant should not have been classified as a youthful offender because section 958.04(l)(c)1 excludes persons found guilty of a capital or life felony from the sentencing provisions of the Act. The fallacy in this argument is that armed robbery, although a felony of the first degree, is not a capital or life felony. See sections 812.13(2)(a); and 775.081. Thus, while appellant’s first degree felony plea precluded mandatory classification as a youthful offender pursuant to section 958.-04(2)(b), the trial judge still had the discretion to classify the appellant as a youthful offender under subsection (1), which he so exercised. State v. Goodson, 403 So. 2d 1337 (Fla.1981) (if eligibility requirements of subsection (1) of the Act are met, the trial court “may” classify that person as the trial court “may” classify that person as a youthful offender; if eligibility requirements of subsection (1) are met and the person is not disqualified by the requirements in subsection (2), the court “shall” classify that person as a youthful offender). See also Barnhill v. State, 393 So. 2d 557 (Fla. 4th DCA 1980); Killian v. State, 387 So. 2d 385 (Fla. 2d DCA 1980). Accordingly, we find that appellant was properly classified as a youthful offender. Section 958.05 of the Act expressly provides that youthful offenders be sentenced “in lieu of other criminal penalties authorized by law,” and enumerates three alternative sanctions which may be levied on such offenders. This section plainly circumscribes the penalties for youthful offenders and forbids the imposition of sanctions other than those provided therein. We find support for this conclusion in the legislative intent behind enactment of the statute. As stated in section 958.021, the legislature’s goal was to improve the chances of correction and successful return to the community of youthful offenders sentenced to imprisonment by preventing their association with older and more experienced criminals during the terms of their confinement. Clearly, this objective would be defeated if youthful offenders were sentenced to mandatory terms of imprisonment under section 775.087(2).2 Moreover, the Act itself provides for mandatory one year sentences for particularly serious crimes or dangerous offenders; a provision plainly substituting for the minimum three year sentence for adult offenders under section 775.087.

We hold that the sentencing provisions of the Youthful Offender Act are the exclusive sanctions for defendants who meet its criteria. We also agree with appellant that the imposition of a mandatory minimum three year sentence for unlawful possession of a firearm was erroneous for the additional reason that this crime is not one of the enumerated crimes in section 775.087(2).

The sentences are reversed and this cause remanded to the trial court for resentencing under Chapter 958.

Reversed and remanded.

. Subsections (1) and (2) of section 958.04 read as follows:

958.04 Eligibility for youthful offender; classification.—

(1) The court may classify 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 39;

(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 which is, under the laws of this state, a felony of the first, second, or third degree if such crime was committed before the defendant’s 21st birthday; and (c) Who has not previously been classified a youthful offender under the provisions of this act; however, no person who has been found guilty of a capital or life felony may be classified a youthful offender under this act.

(2) A person shall be classified a youthful offender if such person meets the criteria of subsection (1) and such person:

(a) Has not previously been found guilty of a felony, whether or not the adjudication of guilt has been withheld; or (b) Has not been adjudicated delinquent for an act which would be a capital, life, or first degree felony if committed by an adult.

. We point out that under the Act appellant can be sentenced to three years imprisonment (see § 958.05); but that the mandatory minimum term of imprisonment under § 775.087(2) was improper.


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Citator

Cited By (15 total)

  • State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA 1984)
    …year sentences for particularly serious crimes or dangerous offenders. Brown v. State, 436 So. 2d 243 (Fla. 4th DCA 1983); Cochran v. State, 410 So. 2d 595 (Fla. 2d DCA 1982); Patterson v. State, 408 So. 2d 785 (Fla. 2d DCA 1982); Whitlock v. State, 404 So. 2d 795 (Fla. 3d DCA 1981). Thus, we hold that section 397.12, Florida Statutes (1981), is not an exception to the mandatory requirements of section 775.087(2)(a), Florida Statutes (1981). Further, we hold that the terms of probation imposed below constitu…
  • Patterson v. State, 408 So. 2d 785 (Fla. 2d DCA 1982)
    …79), because the sentencing provisions of section 958.05, Florida Statutes (1979) (The Youthful Offender Act), were the exclusive penalties available to the sentencing judge. Our sister court has recently endorsed this argument in Whitlock v. State, 404 So. 2d 795 (Fla.3d DCA 1981). We agree with the well-reasoned opinion in Whitlock and strike the statement in the judgment and sentence for the robbery that the three year mandatory minimum applies. Appellant also claims that his sentences are illegal unde…
  • Cooper v. State, 465 So. 2d 1334 (Fla. 4th DCA 1985)
    …er and sentencing as an adult: Humphry v. State, 402 So. 2d 1322 (Fla. 1st DCA); vacated in part, 408 So. 2d 222 (Fla.1981); Kirkwood v. State, 426 So. 2d 68 (Fla. 1st DCA 1983); Nairn v. State, 417 So. 2d 1092 (Fla. 3d DCA 1982); Whitlock v. State, 404 So. 2d 795 (Fla. 3d DCA 1981); State v. Owens, 395 So. 2d 1215 (Fla. 4th DCA 1981); Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980); and Skinner v. State, 383 So. 2d 767 (Fla. 3d DCA 1980). However, as appellant’s counsel points out, “Section 39.111(6) co…

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