Supreme Court of Florida

Kemar Rochester, Petitioner v. State of Florida, Respondent — Pariente, J., Dissenting

June 5, 20142014 Fla. LEXIS 1812

Summary

Justice Pariente dissents, arguing that section 775.082(3)(a)4 of the Florida Statutes does not create a mandatory‑minimum sentence that bars a trial court from imposing a downward departure or from applying gain time, and therefore the Fourth District’s decision should be vacated and the case remanded for resentencing.