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789 So. 2d 552

Docket No. 5D00-3702.

Darrow v. State

Jamal DARROW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2001-07-27

Cited by 7 later decisions — most recently December 2016

7 state decisions

Relies on 789 So. 2d 982 - State v. Meeks · 782 So. 2d 408 - State v. Wooten

Good law ✅— No negative treatment on recordhow we know

Decided 2001-07-27

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¶1Raymond M. Warren of Warren & Warren, P.A., Daytona Beach, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.

¶3SHARP, W., J.

¶4Darrow appeals from his ten-year sentence he received, after pleading nolo contendere to attempted robbery with a firearm. He sought to be sentenced as a Youthful Offender and all parties agree he met the required criteria. However, the trial court ruled the 1999 revision to section 775.087(2)(a) (known as the 10-20-life statute) superseded the Youthful Offender Act and mandated that the court impose a sentence pursuant to the statute. The trial court stated it would have sentenced Darrow as a Youthful Offender had it been allowed to do so. We disagree and reverse.

¶5*553 In State v. Wooten,782 So.2d 408 (Fla. 2d DCA 2001), our sister court upheld a trial court's ruling that the minimum mandatory provisions of the 10-20-life statute do not supersede the Youthful Offender sentencing provisions. And in State v. Krasky,789 So.2d 1005 (Fla. 5th DCA 2001), we affirmed a similar ruling, citing to Wooten.

¶6Accordingly, we vacate the sentence imposed and remand for resentencing pursuant to the Youthful Offender Statute.

¶7Sentence VACATED; REMANDED for Resentencing.

¶8COBB and HARRIS, JJ., concur.

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