Summary
holding that mandatory minimum sentence required under 10–20–Life statute (section 775.087(2)) does not supersede Youthful Offender statute and trial court has discretion to impose youthful offender sentence without any mandatory minimum
Summary of this case from Pacheco-Velasquez v. StateOpinion
Case No. 3D02-122
Opinion filed August 21, 2002. Rehearing and Certification Denied November 20, 2002
An Appeal from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge. Lower Tribunal No. 00-38413.
Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender, Valerie Jonas, Assistant Public Defender, for appellee.
Before GODERICH and GREEN, JJ., and NESBITT, Senior Judge.
The State appeals the youthful offender sentence imposed on the defendant, Jignore 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 appellee's sentence.
Wooten, 782 So.2d at 409; Beatrice v. State, No. 01-180 (Fla. 4th DCA July 24, 2002); State v. Fernandez, 27 Fla. L. Weekly D1531 (Fla. 3d DCA 2002); Darrow v. State, 789 So.2d 552 (Fla. 5th DCA 2001); State v. Byrnes, 784 So.2d 1145 (Fla. 2d DCA 2001).
Affirmed.