FIRST RESPONSE GROUP, INC., APPELLANT,

v.

IVAN B. CASTRO AND ANA H. CASTRO, APPELLEE

Citator

Cited By

• Bennett v. State, 24 So. 3d 693 (Fla. 1st DCA 2009)
  …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 requirement.” Id. at 290. (Emphasis in original.) The court…
• Donnie Gallimore v. State, 100 So. 3d 1264 (Fla. 4th DCA 2012)
  …ld that this plain language gives a trial court the discretion to impose a youthful [*1267] offender sentence in lieu of the 10-20-Life statute’s minimum mandatory sentence. Bennett v. State, 24 So. 3d 693, 694 (Fla. 1st DCA 2009); Postell v. State, 971 So. 2d 986, 989 (Fla. 5th DCA 2008); State v. Wooten, 782 So. 2d 408, 410 (Fla. 2d DCA 2001). The first and second districts also have held that the charge involved here, robbery while in actual possession of a firearm, is a first-degree felony, not a life fel…
• Urban v. State, 46 So. 3d 1113 (Fla. 5th DCA 2010)
  …o consider a youthful offender sentence, retroactively applying the amended version of the statute. This was error. The trial court should have applied the statute in effect on the date of the crime, not the date of sentencing. See Postell v. State, 971 So. 2d 986 (Fla. 5th DCA 2008); Allen v. State, 383 So. 2d 674 (Fla. 5th DCA 1980). Therefore, we affirm Urban’s convictions but reverse his sentences. We remand for resentencing under the correct version of the youthful offender statute. We do not hold that…

Authorities Cited

• Schwab & Co., Inc. v. Breezy BAY, Inc., 360 So. 2d 117 (Fla. 3d DCA 1978)
• Bailey v. Deebold, 351 So. 2d 355 (Fla. 2d DCA 1977)