Windham v. State
Windham v. State
Opinion of the Court
Jason Windham timely appeals his conviction by jury verdict for aggravated assault with a deadly weapon and twenty-year minimum mandatory prison sentence imposed pursuant to the 10-20-Life statute.
AFFIRMED.
. § 775.087(2)(a), Fla. Slat. (2008).
Concurring Opinion
concurring specially.
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), Fla. Stat. (effective to Sept. 30, 2008) (“The court may sentence as a youthful offender any person: (a) Who is at least 18 years of age ...; (b) Who is found guilty of ... a crime which is, under the laws of this state, a felony
. The statute later excludes defendants found guilty of capital or life felonies from consideration for youthful offender sentencing. § 958.04(l)(c), Fla. Stat. (2006).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.