Legal Opinion · Concurrence

Windham v. State

District Court of Appeal of Florida

Decided July 24, 2009No. 5D08-2127Published

1ConcurrenceLawson, J.

I agree with the majority’s resolution of this case as to the issues raised. When reviewing the record, however, I noted that all parties at sentencing clearly believed that the court had no discretion to do anything but impose the twenty-year minimum mandatory sentence. This may not have been true. Windham was born on May 6, 1987, and was nineteen years old at the time he committed the offense, a third degree felony, on July 6, 2006. If Windham has not previously been classified as a youthful offender, it appears that he would have qualified for a youthful offender sentence. See § 958.04(1),…

2Cases cited3 opinions

  1. State v. WootenDistrict Court of Appeal of Florida · 2001
  2. Darrow v. StateDistrict Court of Appeal of Florida · 2001
  3. Cummings v. StateDistrict Court of Appeal of Florida · 2004

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