From Casetext: Smarter Legal Research

Blackmon v. State

District Court of Appeal of Florida, First District
Apr 5, 1993
616 So. 2d 587 (Fla. Dist. Ct. App. 1993)

Opinion

No. 91-1651.

April 5, 1993.

Appeal from the Circuit Court, Jefferson County, P. Kevin Davey, J.

Nancy A. Daniels, Public Defender, Chris W. Hoeg, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Wendy S. Morris, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant raises two points on appeal: (1) Whether the trial court complied with section 39.059, Florida Statutes, in sentencing appellant as an adult, and (2) whether the trial court improperly determined that it was required to impose a mandatory minimum sentence although it affirmatively appears from the record that appellant may qualify as a youthful offender pursuant to section 958.021, Florida Statutes.

We find no merit as to issue I. See Troutman v. State, 603 So.2d 608 (Fla. 1st DCA 1992). We do find, however, when the record affirmatively reflects that appellant may qualify as a youthful offender pursuant to section 958.021, Florida Statutes, and the trial court affirmatively states on the record that it feels that the mandatory minimum sentence may be too harsh in light of appellant's age, but that it has no sentencing discretion, that the trial court should have the opportunity to consider whether it wishes to exercise its discretion pursuant to section 958.04, Florida Statutes. See Ellis v. State, 475 So.2d 1021 (Fla. 2d DCA 1985).

We, therefore, vacate the sentence and remand for resentencing.

ZEHMER, WOLF and KAHN, JJ., concur.


Summaries of

Blackmon v. State

District Court of Appeal of Florida, First District
Apr 5, 1993
616 So. 2d 587 (Fla. Dist. Ct. App. 1993)
Case details for

Blackmon v. State

Case Details

Full title:LEKISHA R. BLACKMON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 5, 1993

Citations

616 So. 2d 587 (Fla. Dist. Ct. App. 1993)

Citing Cases

Wyden v. State

See Jorquera v. State, 868 So.2d 1250, 1252-53 (Fla. 4th DCA 2004); Winther v. State, 812 So.2d 527 (Fla. 4th…

Holmes v. State

Accordingly, we vacate the sentence imposed and remand for reconsideration of the sentence. See, Blackmon v.…