Legal Opinion

Gallimore v. State

District Court of Appeal of Florida

Decided November 21, 2012No. 4D11-231PublishedCited by 1 opinion

1Opinion of the CourtGerber, J.

The defendant appeals the circuit court’s denial of his Florida Rule of Criminal Procedure 3.800(b)(2) (2011) motion to correct sentencing error on his convictions for robbery while in actual possession of a firearm. He argues the court erred in finding that the 10-20-Life statute’s ten-year minimum mandatory provision1 precluded consideration of a youthful offender sentence. We agree with the defendant’s argument. Therefore, we reverse on that argument and remand for resentencing.2

The state charged the defendant in two cases with, collectively, seven counts of robbery while in actual…

2Cases cited7 opinions

  1. Goldwire v. StateDistrict Court of Appeal of Florida · 2011
  2. State v. WootenDistrict Court of Appeal of Florida · 2001
  3. Simpkins v. StateDistrict Court of Appeal of Florida · 2001
  4. Postell v. StateDistrict Court of Appeal of Florida · 2008
  5. Ruth v. StateDistrict Court of Appeal of Florida · 2007

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3Cited by1 opinion

  1. Pacheco-Velasquez v. StateDistrict Court of Appeal of Florida · 2016

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