Legal Opinion

Baxter v. State

District Court of Appeal of Florida

Decided December 9, 2016No. Case 2D14-5661Published

1Opinion of the Court

WALLACE, Judge.

James Baxter challenges his conviction for lewd or lascivious molestation on a thirteen-year-old child, as well as his sentence of thirty years’ imprisonment as a dangerous sexual felony offender (DSFO). Although Mr. Baxter raises two issues on appeal, only the issue regarding his sentence warrants discussion. 1 Because the plain language of section 794.0115(2), Florida Statutes (2012), allows the trial court to sentence a DSFO “to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment,” we hold that Mr. Baxter’s sentence is legal.…

2Cases cited3 opinions

  1. Mendenhall v. StateSupreme Court of Florida · 2010
  2. Wilkerson v. StateDistrict Court of Appeal of Florida · 2014
  3. Tyrone Williams v. State of FloridaDistrict Court of Appeal of Florida · 2016

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