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408 So. 2d 785

Docket No. 81-1570.

Patterson v. State

Stephen PATTERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 13, 1982.

District Court of Appeal of Florida · decided 1982-01-13

Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n · 404 So. 2d 795 - Whitlock v. State · 407 So. 2d 967 - Riley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-01-13

How this case has been cited

Cited by 10 later decisions — most recently January 2003

10 state decisions

70198219902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee and Deborah A. Osmond, Asst. Atty. Gen., Tampa, for appellee.

¶3BOARDMAN, Judge.

¶4Stephen Patterson was adjudicated guilty of burglary and armed robbery. He appeals his concurrent sentences of three *786 years' mandatory imprisonment followed by two years in a community control program. We affirm in part and reverse in part.

¶5Appellant raises two points on appeal. His first argument is that he cannot be given mandatory three years' imprisonment pursuant to section 775.087, Florida Statutes (1979), because the sentencing provisions of section 958.05, Florida Statutes (1979) (The Youthful Offender Act), were the exclusive penalties available to the sentencing judge. Our sister court has recently endorsed this argument in Whitlock v. State, 404 So.2d 795 (Fla.3d DCA 1981).

¶6We agree with the well-reasoned opinion in Whitlock and strike the statement in the judgment and sentence for the robbery that the three year mandatory minimum applies.

¶7Appellant also claims that his sentences are illegal under Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981). Because we have recently held that the Youthful Offender Act creates a statutory exclusion to the ruling in Villery, Riley v. State, 407 So.2d 967 (Fla.2d DCA 1981), we reject this argument.

¶8Accordingly, appellant's judgments and sentences are AFFIRMED but the provision for a mandatory three years' imprisonment is stricken.

¶9HOBSON, A.C.J., and OTT, J., concur.

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