THE STATE OF FLORIDA, APPELLANT,
v.
JIGNORE OGLESTER, APPELLEE
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PER CURIAM.
The State appeals the youthful offender sentence imposed on the defendant, Jig-nore Oglester, in lieu of a mandatory ten-year sentence under the “10-20-Life” scheme mandated by the firearm enhancement statute, section 775.087, Florida Statutes (2000). We affirm adopting the rationale of our sister court in State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001):
Since we find that the 10/20/Life statute contains no language to supercede the youthful offender sentence and because prior cases have held that minimum mandatory sentencing is not applicable. 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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Caraccia v. U.S. Bank, 185 So. 3d 1277 (Fla. 4th DCA 2016)…ote still remained with U.S. Bank. Even where a third party has physical possession of the note, so long as the plaintiff “had the power to exercise control over it, then [the plaintiff] had constructive possession of the note.” Deakter v. Menendez, 830 So. 2d 124, 128 (Fla. 3d DCA 2002) (citing Bush v. Belenke, 381 So. 2d 315, 316 (Fla. 3d DCA 1980) (defining constructive possession as possession in which a person “has such control over the property that he may deliver the possession of it, if he so desires,…
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Correa v. U.S. Bank Nat'l Ass'n for Bacf 2006-D, 118 So. 3d 952 (Fla. 2d DCA 2013)…ertion because he had no knowledge of the circumstances of the loss. In fact, when counsel for U.S. Bank asked Gomez whether he knew if the note was ever assigned or transferred to anyone else, Gomez replied that he did not. Cf. Deakter v. Menendez, 830 So. 2d 124, 128 (Fla. 3d DCA 2002) (concluding that the plaintiff met the requirements of section 673.3091(l)(b) by averring under oath that the original note was lost or destroyed and he did not assign or transfer it). Gomez admitted that he had no idea how o…
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Ngoc T. Phan v. Deutsche Bank Nat'l Tr. Co. for First Franklin Mortg. Loan Tr. 2006-FF11, 198 So. 3d 744 (Fla. 2d DCA 2016)…-ee _”). In such instances, it is said that the principal, who both owns the property held by the agent and bears authority to direct the agent’s actions concerning that property, has constructive possession of the property. See Deakter v. Menendez, 830 So. 2d 124, 128 (Fla. 3d DCA 2002) (holding that if a principal’s agent had physical custody of an original note when it was lost, and the principal had the power to exercise control over it, then the principal had constructive possession of the note and stand…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001)
- Darrow v. State, 789 So. 2d 552 (Fla. 5th DCA 2001)
- State v. Bynes, 784 So. 2d 1145 (Fla. 2d DCA 2001)
- Browning v. Karen Browning and the Estate of John A. Browning, 784 So. 2d 1145 (Fla. 2d DCA 2001)
- State v. Fernandez, 819 So. 2d 945 (Fla. 3d DCA 2002)
- Brown v. State, 819 So. 2d 945 (Fla. 3d DCA 2002)