ALBERTO SALAZAR, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Judge.
The appellant, who entered a plea of guilty to two counts of attempted second degree murder with a firearm, was sentenced pursuant to the Youthful Offender Act, § 958.04(2), Fla. Stat. (1985), to four years with three years mandatory minimum, followed by two years of probation. He has appealed the imposition of the three year mandatory minimum. Section 958.-04(2) provides that the penalties established in the Youthful Offender Act shall be imposed in lieu of other criminal penalties authorized by law. Thus, the three year mandatory minimum for use of a firearm provided by section 775.087(2), Florida Statutes (1985), does not apply to a youthful offender, and it is reversible error to impose such a penalty. Dean v. State, 476 So. 2d 318 (Fla. 2d DCA 1985). The other issues raised by the appellant are meritless.
Accordingly, we reverse the sentence and remand with directions for the trial court to strike the mandatory minimum sentence.
RYDER, A.C.J., and PARKER, J., concur.
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Aundray Kelly v. State, 739 So. 2d 1164 (Fla. 5th DCA 1999)…or use of a firearm. See also Jones v. State, 588 So. 2d 73 (Fla. 4th DCA 1991) (mandatory three year sentence for conviction of selling drugs within 1,000 feet of school does not apply to defendant sentenced as youthful offender); Salazar v. State, 544 So. 2d 313 (Fla. 2d DCA 1989) (three year minimum mandatory term for use of firearm does not apply to youthful offender). However, those cases were all direct appeals. The question here is whether the sentence imposed, six years with a three year minimum manda…
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State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001)…ry sentence of three years of imprisonment. See § 775.087(2), Fla. Stat. (1997). In many cases; the issue arose as to whether the three-year minimum mandatory found in section 775.087(2) superseded a youthful offender sentence. In Salazar v. State, 544 So. 2d 313 (Fla. 2d DCA 1989), this court held that the three-year minimum mandatory for use of a firearm provided by section 775.087(2) did not apply to a youthful offender. In Porter v. State, 702 So. 2d 257 (Fla. 4th DCA 1997), the Fourth District held that…
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Porter v. State, 702 So. 2d 257 (Fla. 4th DCA 1997)…er is “[i]n lieu of other criminal penalties authorized by law.” Defendants sentenced under the Youthful Offender Act may not also be subjected to a minimum mandatory sentence. See Jones v. State, 588 So. 2d 73 (Fla. 4th DCA 1991); Salazar v. State, 544 So. 2d 313 (Fla. 2d DCA 1989). The improper imposition of a minimum mandatory sentence, “because of its inherent potential of causing or requiring ‘a defendant to be incarcerated ... for a greater length of time than provided by law in the absence of ... [a] s…
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- Dean v. State, 476 So. 2d 318 (Fla. 2d DCA 1985)