Richardson v. State, 398 So. 2d 1010 (Fla. 1st DCA 1981). · Go Syfert
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Richardson v. State, 398 So. 2d 1010 (Fla. 1st DCA 1981). Cases Citing This Book View Copy Cite
8 citation events (1 in the last 25 years) across 1 distinct court.
Strongest positive: Simpkins v. State (fladistctapp, 2001-04-11)
Top citers, strongest first. 2 distinct citers.
cited Cited as authority (rule) Simpkins v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
Richardson v. State, 398 So.2d 1010, 1011 (Fla. 1st DCA 1981).
cited Cited "see" Simmons v. State
Fla. Dist. Ct. App. · 1982 · signal: see · confidence high
See, Richardson v. State, 398 So.2d 1010 (Fla. 1st DCA 1981).
Mark E. RICHARDSON, Appellant,
v.
STATE of Florida, Appellee.
VV-257.
District Court of Appeal of Florida, First District.
May 21, 1981.
398 So. 2d 1010
Per Curiam.
Cited by 7 opinions  |  Published

Michael Allen, Public Defender, and Margaret Good, Asst. Public Defender, Tallahassee, for appellant.

[*1011] Jim Smith, Atty. Gen., and Carolyn Snurkowski, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Richardson appeals his sentence on a charge of robbery with a firearm. With great particularity the trial judge recited that Richardson qualified for sentencing under the Youthful Offender Act, Chapter 958, Florida Statutes, in all respects but one. Section 958.04(1)(c) excludes from the Act persons convicted of life felonies. The judge determined that because this crime was a first-degree felony which involved the use of a firearm, Section 775.087(1) enhanced the offense to a life felony and precluded Richardson's sentencing as a Youthful Offender.

We agree with Richardson that the enhancement statute should not have been applied here. See Fowler v. State, 375 So.2d 879 (Fla.2d DCA 1979); Postell v. State, 383 So.2d 1159 (Fla.3d DCA 1980).

Accordingly, the sentence is reversed and this cause is remanded to the trial court for resentencing under Chapter 958.

ROBERT P. SMITH, Jr., LARRY G. SMITH and JOANOS, JJ., concur.