Legal Opinion · Concurrence

Yegge v. State

District Court of Appeal of Florida

Decided April 15, 2015No. 2D12-4193Published

1Concurrence

DAVIS, Senior Judge, Specially

concurring.

Because' in Yegge v. State, 88 So.3d 1058, 1059-60 (Fla. 2d DCA 2012), this court held that’ Yegge’s ten-year sentence — including the 10/20/Life minimum mandatory enhancement — is-legal, I must concur with the majority opinion. However, it is my opinion that because Yegge maintained his youthful offender status when he was re-sentenced on remand, the 10/20/Life sen-*558fencing enhancement1 statute, section 775.087(2), does not apply to this new sentence.1 Accordingly,, it is my belief that this court should recede from Yegge, 88 So.3d 1058, reverse…

2Cases cited11 opinions

  1. Polite v. StateSupreme Court of Florida · 2007
  2. State v. ArnetteSupreme Court of Florida · 1992
  3. Goldwire v. StateDistrict Court of Appeal of Florida · 2011
  4. Yegge v. StateDistrict Court of Appeal of Florida · 2012
  5. State v. WootenDistrict Court of Appeal of Florida · 2001

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