ALAN WARD COCHRAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We adhere to our recent decision in Patterson v. State, 408 So. 2d 785 (Fla. 2d DCA 1982), and, therefore, hold that it was error to impose the three-year mandatory minimum term of imprisonment specified in section 775.087, Florida Statutes (1979), upon appellant when he was sentenced under the Youthful Offender Act, chapter 948, for the crime of attempted armed robbery. Trent v. State, 403 So. 2d 1131 (Fla. 4th DCA 1981). And, for the reasons set out in Patterson, we reject appellant’s contention that his sentence is illegal under Villery v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla.1981).
Therefore, we vacate the three-year mandatory minimum provision, but otherwise affirm his sentence.
BOARDMAN, A. C. J., and DANAHY and SCHOONOVER, JJ., concur.
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State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA 1984)…“[reference to drug abuse program” is discretionary. Third, 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 sectio…
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Wilson v. State, 438 So. 2d 108 (Fla. 1st DCA 1983)…e-year mandatory sentence under § 775.087(2) because of the provisions in § 958.021 and § 958.05, Florida Statutes (1981). Whitlock v. State, 404 So. 2d 795 (Fla. 3d DCA 1981); Patterson v. State, 408 So. 2d 785 (Fla. 2d DCA 1982); Cochran v. State, 410 So. 2d 595 (Fla. 2d DCA 1982). For the foregoing reasons, we reverse and vacate the sentence. The case is remanded for resentencing of appellant consistent with this opinion. ROBERT P. SMITH, Jr. and WENT-WORTH, JJ., concur. . Section 775.087(2) provides in…
Authorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- Patterson v. State, 408 So. 2d 785 (Fla. 2d DCA 1982)
- Trent v. State, 403 So. 2d 1131 (Fla. 4th DCA 1981)