NORRIS BOWERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Norris Bowers was convicted of aggravated battery with a handgun and sentenced to 5 years in prison with a 3-year mandatory minimum. The appellate court vacated the sentence because the trial court's sentencing order was internally contradictory—it attempted to classify the defendant as a youthful offender while simultaneously imposing a mandatory minimum sentence that is incompatible with youthful offender classification.
A sentence that simultaneously classifies a defendant as a youthful offender and imposes a mandatory minimum sentence is unlawful because the two sentencing concepts are incompatible. A youthful offender sentence allows a maximum of 4 years imprisonment with the balance served in community control, while a mandatory minimum sentence requires a specified prison term. The trial court must clarify its sentencing intent and resentence accordingly.
[1] A sentence imposing a mandatory minimum term under F.S. …
[2] A youthful offender sentence under F.S. …
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“However, the two sentencing concepts are incompatible. If appellant is to be sentenced as a youthful offender he can be sentenced to the custody of the Department of Corrections for six years maximum but imprisoned for no more than four years, the balance to be served in a community control program.”
Establishes the legal incompatibility between youthful offender classification and mandatory minimum sentences
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Join FLexlaw to unlock all legal intelligenceAppellant Norris Bowers was convicted of aggravated battery with a handgun. The trial court issued conflicting sentencing orders on April 28 and May 9…
The full statement of facts, procedural history, and disposition for this case are member content.
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DOWNEY, Judge.
Appellant was convicted of aggravated battery with a handgun and sentenced on April 28, 1983, as follows:
“To be imprisoned for a term of 5 years Youthful Offender, first 3 years, State Prison, The (sic) 2 yrs. Community Control”
“It is further ordered that the 3 year minimum provisions of F.S. 775.087(2) are hereby imposed for the sentence specified in this court, as the Defendant possessed a firearm.”
The record also contains an Order, dated May 9, 1983, which states:
“It is hereby ordered and adjudged that you be committed to the Department of Corrections for a term of three (3) years **, with credit for time served jail time; that after you have served _ of said term, you shall be placed on probation for a period of two (2) years under the supervision of the Department of Corrections ...”
“ **mand. min. 3 years”
The order of April 28, 1983, and the transcript of the sentencing proceeding indicate the trial judge contemplated classifying appellant as a youthful offender, pursuant to Chapter 958, Florida Statutes (1983). The record also demonstrates the trial judge felt the mandatory minimum sentence provided for in Section 775.087(2), Florida Statutes (1983), was indicated in view of the factual setting of this case. However, the two sentencing concepts are incompatible. If appellant is to be sentenced as a youthful offender he can be sentenced to the custody of the Department of Corrections for six years maximum but imprisoned for no more than four years, the balance to be served in a community control program. § 958.05(2), Florida Statutes (1981). If aggravating factors exist the trial judge can impose a minimum term of one year before eligibility for parole. § 958.05(3).
Thus, if the court intended to classify appellant as a youthful offender the sen- • tence to five years in prison is unlawful as is the three years mandatory minimum. On the other hand, a sentence of five years in prison with a three year mandatory minimum would be lawful if the court did not make use of the youthful offender statute.
We do not mean to indicate any preference in sentences. That is solely the trial judge’s function. We are compelled to vacate the sentence as it presently exists and remand the case to the trial court with directions to resentence appellant as the trial judge sees fit within the limitations set forth herein.
REVERSED AND REMANDED, with directions.
LETTS and HURLEY, JJ., concur.