JAMAL DARROW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Darrow appeals from his ten-year sentence he received, after pleading nolo con-tendere to attempted robbery with a firearm. He sought to be sentenced as a Youthful Offender and all parties agree he met the required criteria. However, the trial court ruled the 1999 revision to section 775.087(2)(a) (known as the 10-20-life statute) superseded the Youthful Offender Act and mandated that the court impose a sentence pursuant to the statute. The trial court stated it would have sentenced Darrow as a Youthful Offender had it been allowed to do so. We disagree and reverse. In State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001), our sister court upheld a trial court’s ruling that the minimum mandatory provisions of the 10-20-life statute do not supersede the Youthful Offender sentencing provisions. And in State v. Krasky, 789 So. 2d 1005 (Fla. 5th DCA 2001), we affirmed a similar ruling, citing to Wooten.
Accordingly, we vacate the sentence imposed and remand for resentencing pursuant to the Youthful Offender Statute.
Sentence VACATED; REMANDED for Resentencing.
COBB and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Jignore Oglester, 830 So. 2d 124 (Fla. 3d DCA 2002)…able. when one is sentenced as a youthful offender, we affirm the appel-lee’s sentence. Wooten, 782 So. 2d at 409; Beatrice v. State, No. 01-180 (Fla. 4th DCA July 24, 2002); State v. Fernandez, 819 So. 2d 945 (Fla. 3d DCA 2002); Darrow v. State, 789 So. 2d 552 (Fla. 5th DCA 2001); State v. Bynes, 784 So. 2d 1145 (Fla. 2d DCA 2001). Affirmed.…
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Beatrice v. State, 832 So. 2d 972 (Fla. 4th DCA 2003)…ior cases have held that the minimum mandatory senteñcing is not applicable when one is sentenced as a youthful offender, we affirm the appellee’s sentence.” Id. at 409. See also State v. Krasky, 789 So. 2d 1005 (Fla. 5th DCA 2001); Darrow v. State, 789 So. 2d 552, 553 (Fla. 5th DCA 2001). In conclusion, I do not believe that reclassification under the 10/20/Life statute is mandatory under the plain language of the statute. I would follow the logic of the second district in Wooten and reverse the sentence fo…
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State v. Fernandez, 819 So. 2d 945 (Fla. 3d DCA 2002)…PER CURIAM. Affirmed. See Darrow v. State, 789 So. 2d 552 (Fla. 5th DCA 2001); State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001).…
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- State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001)