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Cochran v. State

District Court of Appeal of Florida, Second District
Feb 26, 1982
410 So. 2d 595 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1426.

February 26, 1982.

Appeal from the Circuit Court, Sarasota County, Stephen L. Dakan, J.

Jerry Hill, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.


We adhere to our recent decision in Patterson v. State, 408 So.2d 785 (Fla. 2d DCA 1982), and, therefore, hold that it was error to impose the three-year mandatory minimum term of imprisonment specified in section 775.087, Florida Statutes (1979), upon appellant when he was sentenced under the Youthful Offender Act, chapter 948, for the crime of attempted armed robbery. Trent v. State, 403 So.2d 1131 (Fla. 4th DCA 1981). And, for the reasons set out in Paterson, we reject appellant's contention that his sentence is illegal under Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981).

Therefore, we vacate the three-year mandatory minimum provision, but otherwise affirm his sentence.

BOARDMAN, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.


Summaries of

Cochran v. State

District Court of Appeal of Florida, Second District
Feb 26, 1982
410 So. 2d 595 (Fla. Dist. Ct. App. 1982)
Case details for

Cochran v. State

Case Details

Full title:ALAN WARD COCHRAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 26, 1982

Citations

410 So. 2d 595 (Fla. Dist. Ct. App. 1982)

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