Bennett v. State

The appellant raises three issues on appeal. We affirm as to the appellant’s first two issues, but reverse and remand as to the third issue: Whether the trial court erred in ruling that a youthful offender sentence cannot be imposed in lieu of a mandatory minimum sentence under the 10/20/Life statute. We find that remand is necessary because the record demonstrates that the trial court was mistakenly under the impression that it lacked discretion to sentence the appellant as a youthful offender.

At sentencing, Bennett’s counsel urged the trial court to sentence him as a youthful offender under…