Woods v. State

I agree with Judge Osterhaus’ concurring opinion that a departure sentence pursuant to section 775.082(10), Florida Statutes, does not implicate Apprendi10 and its progeny. However, even if a departure sentence did implicate Apprendi, I would find that section 775.082(10) is not facially unconstitutional because circumstances exist where it may be constitutionally applied.

I

Judge Osterhaus’ opinion notes that a defendant who qualifies under the first *820sentence of section 775.082(10) can be sentenced to as much as 364 days in jail followed by four years of community control or probation. In…