Opinion
Case No. 5D00-3702
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.
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 However, the trial court ruled the 1999 revision to section 775.087(2)(a) (known as the 10-20-life statute) superseded the Youthful Offender Act and mandated that the court impose a sentence pursuant to the statute.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.
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.