STEPHEN PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the mandatory minimum sentence provision for armed robbery conflicts with the Youthful Offender Act and must be stricken.
Stephen Patterson was adjudicated guilty of burglary and armed robbery and received concurrent sentences including a mandatory three-year imprisonment…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Youthful Offender Sentencing cases and more on FLexlaw
BOARDMAN, Judge.
Stephen Patterson was adjudicated guilty of burglary and armed robbery. He appeals his concurrent sentences of three years’ mandatory imprisonment followed by two years in a community control program. We affirm in part and reverse in part.
Appellant raises two points on appeal. His first argument is that he cannot be given mandatory three years’ imprisonment pursuant to section 775.087, Florida Statutes (1979), 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 under Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981). Because we have recently held that the Youthful Offender Act creates a statutory exclusion to the ruling in Villery, Riley v. State, 407 So. 2d 967 (Fla.2d DCA 1981), we reject this argument.
Accordingly, appellant’s judgments and sentences are AFFIRMED but the provision for a mandatory three years’ imprisonment is stricken.
HOBSON, A.C.J., and OTT, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA 1984)…ird, section 958.05 itself provides for mandatory one 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 h…
-
State v. Gibron, 478 So. 2d 475 (Fla. 2d DCA 1985)…program. These alternatives are the exclusive penalties available when a person is classified a youthful offender. Consequently, if the court had so classified defendant in this case, section 316.656(1) would be inapplicable. Cf. Patterson v. State, 408 So. 2d 785 (Fla. 2d DCA 1982) (defendant sentenced under Youthful Offender Act cannot be given minimum mandatory sentence for possession of firearm). Sentencing under the Youthful Offender Act is discretionary. See Bell v. State, 429 So. 2d 403 (Fla. 1st DCA…
-
Mendez v. State, 835 So. 2d 348 (Fla. 4th DCA 2003)…er than those of the Youthful Offender Act. See Dean v. State, 476 So. 2d 318 (Fla. 2d DCA 1985)(trial court erred in imposing a three year mandatory minimum term of imprisonment on a defendant classified as a youthful offender); Patterson v. State, 408 So. 2d 785 (Fla. 2d DCA 1982)(defen-dant who was adjudicated guilty of burglary and armed robbery could not be given mandatory three years imprisonment pursuant to statute providing for such sentence as a minimum for defendants convicted of specified offenses,…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- Whitlock v. State, 404 So. 2d 795 (Fla. 3d DCA 1981)
- Riley v. State, 407 So. 2d 967 (Fla. 2d DCA 1981)