STATE v. BURKHART

No. 4D03-751.

869 So.2d 1242 (2004)

STATE of Florida, Appellant, v. Clifford BURKHART, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 4, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellant.

Michael R. Dutko of Bogenschultz & Dutko, P.A., Fort Lauderdale for appellee.


TAYLOR, J.

The sole question posed by this appeal is whether escape from a Jimmy Ryce facility is subject to the mandatory minimum penalties of the "10/20/Life" statute, section 775.087 (1999). The state appeals from the trial court's failure to impose a ten-year minimum term of imprisonment following appellee's no contest plea to escape from a Jimmy Ryce facility while possessing a firearm. We reverse and remand for re-sentencing.

The facts are undisputed...

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