BENNETT v. STATE

No. 1D08-3665.

24 So.3d 693 (2009)

Austin Jeremy BENNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 22, 2009.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General and Anthony J. Golden, Assistant Attorney General, Tallahassee, for Appellee.


ROWE, J.

The appellant raises three issues on appeal. We affirm as to the appellant's first two issues, but reverse and remand as to the third issue: Whether the trial court erred in ruling that a youthful offender sentence cannot be imposed in lieu of a mandatory minimum sentence under the 10/20/Life statute. We find that remand is necessary because the record demonstrates that the trial court was mistakenly under the impression that it lacked discretion to sentence...

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