LOUIS ORLANDO MASSARO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant, Louis Orlando Massaro, appeals his classification and sentences as a youthful offender pursuant to chapter 958, Florida Statutes (1983). The resulting sentences exceeded the sentences which would have resulted had the trial judge sentenced appellant pursuant to the sentencing guidelines provided in chapter 921, Florida Statutes (1983), and Florida Rule of Criminal Procedure 3.701. While most often chapter 958 would be the alternative to a more harsh adult treatment, we cannot say that because a sentence under chapter 958 might result in a more severe sentence, the trial judge would thereby exceed his discretion in selecting the clearly provided alternative of chapter 958.
We therefore affirm.
BOARDMAN, A.C.J., and SCHEB and CAMPBELL, JJ., concur.
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Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984)…the sentencing guidelines. The Committee Note to rule 3.701(d)(ll) in existence when Brady was sentenced, while not specifically referring to the habitual offender statute, recognized other alternatives to the guidelines.1 See also Massaro v. State, 449 So. 2d 1010 (Fla. 2d DCA 1984); Sweat v. State, 454 So. 2d 749 (Fla. 1st DCA 1984). The supreme court recently eliminated this note. See The Florida Bar: Amendment to Rules of Criminal Procedure (3.701, 3.988—Sentencing Guidelines), 451 So. 2d 824 (Fla.1984). H…
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Hackney v. State, 456 So. 2d 1209 (Fla. 5th DCA 1984)…the sentencing court is required to explain the guideline departure when an alternative program is used.” 451 So. 2d at 824. Of course, this amendment cannot be applied retroactively. Carter, 452 So. 2d at 954, n. 3. We agree with Massaro v. State, 449 So. 2d 1010 (Fla. 2d DCA 1984), that under current law the Youthful Offender Act (ch. 958), when applicable, is a lawful statutory alternative to a recommended guideline sentence, although it may authorize a more severe disposition, and the reasons for imposing…
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Loucious Earl Williams v. State, 485 So. 2d 45 (Fla. 2d DCA 1986)…ears in state prison followed by two years community control. All sentences were to be served concurrently. This appeal timely followed. Appellant does not contend that the court erred in sentencing him as a youthful offender. See Massaro v. State, 449 So. 2d 1010 (Fla. 2d DCA 1984). He contends, correctly, that the court erred in sentencing him on the felony charges to four years imprisonment followed by two years community control where the crimes involved were third-degree felonies that carry a maximum sen…
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