CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 9364, 2009 WL 1703267
...t sentencing discretion from the judicial branch, and instead, placed it in the executive branch by establishing a mandatory minimum sentencing scheme. See Green v. State,
792 So.2d 643 (Fla. 1st DCA 2001); see also §
775.087(2), Fla. Stat. (2005); §
27.366(1), Fla....
...ard departure under the Criminal Punishment Code, could also allow the trial court to waive a minimum mandatory sentence. [1] This is error, as only the State Attorney has the discretion to waive the minimum mandatory sentence implicated here. See §§
27.366,
775.087(5), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 11352
...In 1999, the Florida Legislature specifically addressed the application of
subsections (2) and (3) of section
775.087, regarding the imposition of minimum
mandatory prison terms for criminals who possess firearms during the commission
of an offense. In section
27.366, Florida Statutes (1999), the Florida Legislature
specified that whenever a criminal offender meets the criteria in sections
775.087(2)
and (3), and a minimum mandatory sentence is not imposed, the State Attorney must
explain why th...
...discretion in those cases in which the offenders’ possession of the firearm is
incidental to the commission of the crime and not used in furtherance of the crime,
used in order to commit the crime, or used in preparation to commit the crime.” Id.
Section 27.366 reads in full as follows:
58
It is the intent of the Legislature that convicted criminal offenders
who meet the criteria in s....
...For every case in which
the offender meets the criteria in this act and does not receive the
mandatory minimum prison sentence, the state attorney must explain
the sentencing deviation in writing and place such explanation in the
case file maintained by the state attorney.
Although section
27.366 is directed to subsections (2) and (3) of section
775.087, because section
775.087(1) does not include the “related to” or the “in
furtherance of” language, and the Florida Legislature has expressed its zero tolerance
for th...
...2d DCA 1983).
38
The majority posits that the Legislature has expressed its intent that the maximum
punishment be imposed for people who possess a firearm during the commission of
criminal offenses, relying upon the legislative intent contained in section 27.366,
114
If, as the majority concludes, Connolly’s actions as principal in the instant
case fall within the ambit of the reclassification statute, so too would the actions of
the hypothetical Principal in the following scenarios....
...waiters, raises his hunting knife and yells at the waiter “I will cut you
with this knife if you don’t bring us some more bread.” Under the
Florida Statutes. See majority op. at 58-59. There are two flaws with this position:
first, section
27.366 was enacted in 1999, eighteen years after John Callahan was
murdered. Second, and as even the majority concedes, section
27.366, makes no
reference whatsoever to the reclassification subsection (775.087(1)), limiting its
expressed legislative intent to the minimum mandatory subsections of section
775.087 (§§
775.087(2) and (3)). As the majority asserts elsewhere in its opinion,
we must presume that “the Legislature chose its words carefully when drafting”
section
27.366
115
statutory language as construed by the majority, Principal’s conviction
for the second-degree murder may be reclassified because “during the
commission of” the felony, Principal “th...
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4863, 2010 WL 1444885
...sed death or great bodily harm. Section
775.087(2)(a), the "10-20-life" law, is an enhancement provision, under which a criminal sentence may be heightened if the perpetrator has carried or used a weapon or firearm in the commission of a felony. See §
27.366(1), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 14098, 2014 WL 4851776
...948.01, adjudication of guilt or imposition
of sentence shall not be suspended, deferred, or withheld, and the
defendant is not eligible for statutory gain-time . . . prior to serving the
minimum sentence.
§
775.087(2)(a) 1.c, (b), Fla. Stat. (2014).
While section
27.366 of the Florida Statutes accords prosecutors with the
discretion to waive imposition of minimum mandatory sentences, such leeway has
not been accorded to the courts. §
27.366, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 17, 2011 WL 13729
...rt was not without discretion given the negotiated plea. Unlike the trial court, the prosecutor had the authority to dispense with the firearm-based mandatory term at issue. See generally State v. Vanderhoff,
14 So.3d 1185, 1189 (Fla. 5th DCA 2009); §
27.366, Fla....
