5D00-3702 Darrow v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-3702

Case Date: 07/23/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001

JAMAL DARROW, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 27, 2001 Appeal from the Circuit Court for Volusia County, Robert W. Rawlins, Jr., Senior Judge. Raymond M. Warren of Warren & Warren, P.A. Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. Darrow 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 However, the trial court ruled the 1999 revision to section 775.087(2)(a) (known as the 10-20-life statute) superseded the Youthful Offender Act and mandated that the court impose a sentence pursuant to the statute.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. CASE NO. 5D00-3702

In Wooten v. State, 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, Case No. 00-2624 (Fla. 5th DCA June 5, 2001), we affirmed a similar ruling, citing to Wooten. Accordingly, we vacate the sentence imposed and remand for resentencing pursuant to the Youthful Offender Statute. Sentence VACATED; REMANDED for Resentencing.

COBB and HARRIS, JJ., concur.

2

Download 5D00-3702 Darrow v. State.pdf