STATE OF FLORIDA, APPELLANT,
v.
KENNETH R. DRURY, JR., APPELLEE

Fla. 1st DCA | 2002-10-16
No. 1D01-4089
829 So. 2d 287 Florida District Court of Appeal, First District (2002) Positive Treatment
Cited by 12 cases

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.

Synopsis

The State of Florida appealed a youthful offender sentence imposed on Kenneth Drury, a 16-year-old charged as an adult with aggravated assault with a deadly weapon. The court held that trial courts retain discretion to impose youthful offender sentences under the Youthful Offender Act even when statutory amendments appear to mandate sentencing under the 10/20/Life statute, and affirmed the sentence.


Holding

The court held that the Youthful Offender Act supersedes the 10/20/Life statute and that trial courts retain discretion to impose youthful offender sentences despite statutory language using 'shall' in section 985.227(2)(d)2.b. The mandatory language in the amended statute does not preclude youthful offender sentencing as an alternative to 10/20/Life sentencing.


Headnotes

[1] A specific statute covering a particular subject area controls over a statute covering the same and other subjects in more general terms.

[2] Statutes subject to different interpretations should be strictly construed in favor of the defendant.

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Key Quotes

“The Youthful Offender Act provides that youthful offender sentencing is '[i]n lieu of other penalties authorized by law.'”

Establishes the statutory basis for the Youthful Offender Act's supersedure of mandatory minimum sentencing statutes like 10/20/Life

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Facts & Procedural History

Drury was 16 years old when he committed aggravated assault with a deadly weapon on October 6, 2000. A firearm in his possession discharged during the…

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Opinion of the Court
DAVIS, J.

DAVIS, J.

Appellant, the State of Florida, appeals a youthful offender sentence imposed on Appellee, Kenneth R. Drury, Jr. We affirm.

Drury, a sixteen-year-old at the time of the offense, was charged as an adult by information with aggravated assault with a deadly weapon, alleged to have occurred on October 6, 2000. A firearm in Drury’s possession discharged during the commission of the offense. Drury entered a plea of no contest, and requested to be sentenced to a six-year term of supervision pursuant to the Youthful Offender Act, chapter 958, Florida Statutes. The trial court accepted Drury’s plea, and imposed the sentence requested by Drury.

Arguing for reversal, the State asserts that the trial court erred in sentencing Drury to a youthful offender sentence in lieu of the mandatory sentence required by section 985.227(2), Florida Statutes (2000). Section 985.227(2), which provides for the prosecution of juveniles as adults by the direct filing of an information in the criminal division of the circuit court, was amended effective October 1, 2000, to add the following language in pertinent part:

(d)l. With respect to any child who was 16 or 17 years of age at the time the alleged offense was committed, the state attorney shall file an information if the child has been charged with committing or attempting to commit an offense listed in s. 775.087(2)(a)l.a.-q., and, during the commission of or attempt to commit the offense, the child:

a. Actually possessed a firearm or destructive device....

b. Discharged a firearm or destructive device....

c. Discharged a firearm or destructive device ... and, as a result of the discharge, death or great bodily harm was inflicted upon any person.

2. Upon transfer, any child who is:

a. Charged pursuant to sub-subpara-graph l.a. and who has been previously adjudicated or had adjudication withheld for a forcible felony offense or any offense involving a firearm, or who has been previously placed in a residential commitment program, shall be subject to sentencing under s. 775.087(2)(a), notwithstanding s. 985.233.

b. Charged pursuant to sub-subpara-graph l.b. or sub-subparagraph l.c., shall be subject to sentencing under s. 775.087(2)(a), notwithstanding s. 985.233.

§ 985.227(2)(d), Fla. Stat. (2000). While this court previously held in Holmes v. State, 638 So. 2d 986 (Fla. 1st DCA 1994), that the Youthful Offender Act supersedes the 10/20/Life statute, section 775.087(2)(a), the State contends that section 985.227(2)(d)2.b. requires a different result. We disagree.

The State argues that the use of the word “shall” in section 985.227(2)(d)2.b. demonstrates the legislative intent to require sentencing pursuant to the 10/20/Life statute in certain situations, and to foreclose the possibility of sentencing pursuant to the Youthful Offender Act. The Youthful Offender Act provides that youthful offender sentencing is “[i]n lieu of other penalties authorized by law....” § 958.04(2), Fla. Stat. (2000). The 10/20/ Life statute itself provides for mandatory sentencing using the word “shall,” and this court has. held, based on the above cited language from the Youthful Offender Act, that a trial court still has the option of avoiding a 10/20/Life sentence, and may instead impose a youthful offender sentence. Holmes, 638 So. 2d at 987. It follows that the mandatory language “shall be subject to sentencing under s. 775.087(2)(a)” in section 985.227(2)(d) would not preclude the imposition of a youthful offender sentence in lieu of a 10/20/Life sentence.

The State further argues that the language “notwithstanding s. 985.233” in section 985.227(2)(d)2.b. demonstrates the legislative intent that the amendment to section 985.227 precludes the possibility of a youthful offender sentence in the enumerated circumstances. Section 985.233 is entitled “[sjentencing powers; procedures; alternatives for juveniles prosecuted as adults,” and reads as follows in pertinent part:

(4) SENTENCING ALTERNATIVES.—

(a) Sentencing to adult sanctions.—

2. Other cases. — If a child who has been transferred for criminal prosecution pursuant to information or waiver of juvenile court jurisdiction is found to have committed a violation of state law ... the court may sentence as follows:

a. As an adult;

b. Pursuant to Chapter 958; or

c. As a juvenile pursuant to this section.

§ 985.233(4)(a), Fla. Stat. (2000). It is well established that statutes should be construed so as to avoid an illogical result. See, e.g., Parker v. State, 406 So. 2d 1089 (Fla.1981). The Youthful Offender Act allows a trial court to sentence defendants who commit offenses prior to their twenty-first birthdays, and who meet certain other enumerated criteria, as youthful offenders. § 958.04(1), Fla. Stat. (2000). Thus, the State’s interpretation of the statute would subject sixteen and seventeen-year-olds to harsher sentences than eighteen, nineteen, and twenty-year-olds, which is surely not what the legislature intended in amending the statute. Additionally, section 958.04, which provides only for youthful offender sentencing, controls over the more general statute, section 985.233, which provides for sentencing procedures for juveniles, and relates to adult, youthful offender, and juvenile sentences. See McKendry v. State, 641 So. 2d 45, 46 (Fla.1994) (“a specific statute covering a particular subject area always controls over a statute covering the same and other subjects in more general terms”). Further, it is well established that statutes subject to different interpretations should be strictly construed in favor of the defendant; thus, this court must interpret the statute at issue to permit youthful offender sentencing. See, e.g., State v. Winters, 346 So. 2d 991 (Fla.1977).

Finally, the State argues that a contrary interpretation of section 985.227(2)(d)2.b. renders the amendment a legal nullity. However, the amendment to the statute can more logically be interpreted to mean that a trial court is precluded from sentencing defendants such as Drury to a juvenile sentence pursuant to section 985.233. A youthful offender sentence is an adult sanction. See, e.g., State v. Richardson, 766 So. 2d 1111 (Fla. 3d DCA 2000).

Based on the foregoing analysis, we find Holmes is still good law, and the trial court properly exercised its discretion in sentencing Drury to a youthful offender sentence in lieu of a 10/20/Life sentence. We, therefore, affirm Drury’s sentence. We also note that the Third and Fourth Districts have recently held under the amended version of the law that a trial court has discretion to sentence a defendant as a youthful offender as an alternative to 10/20/Life sentencing, although the courts did not specifically address the amendment. State v. Oglester, 830 So. 2d 124 (Fla. 3d DCA 2002); Beatrice v. State, 27 Fla. L. Weekly D1729 (Fla. 4th DCA July 24, 2002).

ERVIN and BOOTH, JJ., concur.


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Citator

Cited By

  • Hardy L. Ruth v. State, 949 So. 2d 288 (Fla. 1st DCA 2007)
    …d by the Youthful Offender Act. In State v. Drury, this court addressed the conflict and ultimately held that a trial court may sentence a defendant to a youthful offender sentence in lieu of the 10/20/life statute’s minimum mandatory requirements. 829 So. 2d 287 (Fla. 1st DCA 2002); see also Holmes v. State, 638 So. 2d 986 (Fla. 1st DCA 1994) (holding that the express language of section 958.04(2), which authorizes the discretion to sentence the appellant as a youthful offender “in lieu of other criminal pe…
  • Bennett v. State, 24 So. 3d 693 (Fla. 1st DCA 2009)
    …stablished case law directly on point which holds that a trial court has the option of avoiding a 10/20/Life sentence, and may instead impose a youthful offender sentence. See, e.g., Ruth v. State, 949 So. 2d 288 (Fla. 1st DCA 2007); State v. Drury, 829 So. 2d 287 (Fla. 1st DCA 2002); Postell v. State, 971 So. 2d 986 (Fla. 5th DCA 2008). In Drury, this court expressly held that “a trial court may sentence a defendant to a youthful offender sentence in lieu of the 10/20/Life statute’s minimum mandatory requir…
  • Yegge v. State, 186 So. 3d 553 (Fla. 2d DCA 2015)
    …nder, that designation trumped the otherwise mandatory 10/20/Life statute and removed the possibility of enhancing his sentence with a ten-year minimum mandatory. See Bennett v. State, 24 So. 3d 693, 694 (Fla. 1st DCA 2009); see also State v. Drury, 829 So. 2d 287 (Fla. 1st DCA 2002). This is true, and in keeping with the holding of Wooten, 782 So. 2d 408, because “[t]he youthful offender sentencing statute itself expressly provides that the sentencing alternatives prescribed therein are [i]n lieu of other cr…

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