STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
TERRY L. YOUNG, APPELLEE/CROSS-APPELLANT
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The State appealed a trial court's sentence of 10 years imprisonment for sexual battery on a child under 12 years old, which is a capital felony requiring life imprisonment with a 25-year minimum. The appellate court affirmed the conviction but vacated the sentence as illegal under Florida law.
The court held that sexual battery on a child under 12 is a capital felony not subject to guideline sentences and must be punished by life imprisonment with a mandatory minimum of 25 years before parole eligibility. The 10-year sentence was illegal and constituted an abuse of discretion.
[1] Sexual battery on a child under twelve years of age by a person eighteen years of age or older is a capital felony.
[2] A capital felony conviction requires a sentence of life imprisonment with a minimum of twenty-five years before parole eligibility.
Previewing 2 of 4 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“Sexual battery on a child under twelve years of age is a capital felony punishable by life imprisonment with a minimum of twenty-five years imprisonment. It is not a life felony and is not subject to a guideline sentence; it is not scored within the guidelines.”
Establishes the legal classification and mandatory punishment for the offense, negating application of sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceTerry Young, an adult over 18 years of age, was convicted by jury of sexual battery upon a person less than 12 years of age in violation of Fla. Stat.…
The full statement of facts, procedural history, and disposition for this case are member content.
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COWART, Judge.
Based on a jury verdict, the defendant, a person over 18 years of age, was convicted of a sexual battery upon a person less than 12 years of age, in violation of section 794.011(2), Florida Statutes, which provides in relevant part:
A person 18 years of age or older who commits a sexual battery upon ... a person less than 12 years of age ... commits a capital felony, punishable as provided in ss. 775.082 and 921.141. Section 775.082(1), Florida Statutes, provides in part:
(1) A person who has been convicted of a capital felony shall be punished by life imprisonment and shall be required to serve no less than 25 years before becoming eligible for parole ...
A Category 2 guidelines scoresheet was prepared which reflected a guidelines sentence of ten years. The trial judge announced that he was going to impose, over the State’s objection, a sentence which did not follow the statute but which followed the guidelines and proceeded to sentence the defendant to ten years’ imprisonment, followed by ten years’ probation.
The State appeals and the defendant cross appeals.
Sexual battery on a child under twelve years of age is a capital felony punishable by life imprisonment with a minimum of twenty-five years imprisonment. It is not a life felony and is not subject to a guideline sentence; it is not scored within the guidelines. Rusaw v. State, 451 So. 2d 469 (Fla.1984); Brosz v. State, 466 So. 2d 256 (Fla. 5th DCA 1985).
Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986).
The defendant’s conviction is affirmed but his sentence is vacated and the cause remanded to the trial court for resentencing with instructions to impose, pursuant to section 775.082(1), Florida Statutes, a sentence of life imprisonment with the minimum mandatory requirement that he serve no less than 25 years before becoming eligible for parole.1
SENTENCE VACATED; CAUSE REMANDED.
DAUKSCH and COBB, JJ., concur. . See Caulder v. State, 500 So. 2d 1362, 1366 (Fla. 5th DCA 1986), rev. denied, 511 So. 2d 297 (Fla.1987), cert. denied, 484 U.S. 1068, 108 S.Ct. 1033, 98 L.Ed.2d 997 (1988); State v. Row, 478 So. 2d 430 (Fla. 5th DCA 1985); State v. Samudio, 460 So. 2d 419 (Fla. 2d DCA 1984).
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Young v. State, 608 So. 2d 111 (Fla. 5th DCA 1992)…e the defendant under the controlling statute, which required a minimum mandatory term of 25 years, instead sentencing him under the guidelines to ten years imprisonment with ten years probation. On appeal, this sentence was vacated, State v. Young, 579 So. 2d 380 (Fla. 5th DCA 1991), and, as instructed, on remand the lower court sentenced defendant to the 25 year minimum mandatory term. Courts appear uniformly to hold that the failure of trial counsel to communicate or to communicate correctly the facts and…
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Young v. State, 852 So. 2d 368 (Fla. 5th DCA 2003)…exual battery on a person less than twelve years of age, in violation of section 794.011(2), Florida Statutes (1983). The State appealed his sentence, and Young cross-appealed his conviction. The State obtained relief; Young did not. State v. Young, 579 So. 2d 380 (Fla. 5th DCA 1991). After his resentencing, Young did not appeal. Young now appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Counting both his state and federal cases, this…
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Hamilton v. State (Fla. 5th DCA 2018)…27, 2018 3.800 Appeal from the Circuit Court for Marion County, Anthony M. Tatti, Judge. Aaron Hamilton, Cross City, pro se. No Appearance for Appellee. PER CURIAM. AFFIRMED. See Rusaw v. State, 451 So. 2d 469, 470 (Fla. 1984); State v. Young, 579 So. 2d 380 (Fla. 5th DCA 1991). TORPY, WALLIS and EDWARDS, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rusaw v. State, 451 So. 2d 469 (Fla. 1984)
- Santiago v. United States, 484 U.S. 1068 (U.S. 1988)
- Glenn v. Florida, 484 U.S. 1068 (U.S. 1988)
- Caulder v. State, 500 So. 2d 1362 (Fla. 5th DCA 1986)
- State v. Nester Samudio, 460 So. 2d 419 (Fla. 2d DCA 1984)
- Laster v. State, 486 So. 2d 88 (Fla. 5th DCA 1986)
- State v. ROW, 478 So. 2d 430 (Fla. 5th DCA 1985)
- Brosz v. State, 466 So. 2d 256 (Fla. 5th DCA 1985)