DANIEL KEAST, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Daniel Keast appeals his sentencing under the Youthful Offender Act for grand theft, second degree, arguing the trial court wrongfully departed from sentencing guidelines. The appellate court affirmed the sentencing departure but remanded to modify the community-control portion, which exceeded the two-year statutory maximum.
The trial court did not wrongfully depart from sentencing guidelines because the sentence remained within statutory limits and was supported by valid and convincing written reasons. However, the community-control portion of the sentence should not have exceeded two years under the statute.
[1] A trial court may depart from sentencing guidelines when it provides valid and convincing reasons in writing.
[2] Sentences imposed under the Youthful Offender Act are not necessarily limited by sentencing guidelines.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The resulting sentence exceeded the sentence which would have resulted had the trial court sentenced appellant pursuant to the sentencing guidelines, as appellant had requested.”
Establishes the core issue: the trial court departed from sentencing guidelines by choosing the Youthful Offender Act instead.
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Join FLexlaw to unlock all legal intelligenceKeast pleaded guilty to a single count of grand theft, second degree. The trial court sentenced him under the Youthful Offender Act rather than pursua…
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PER CURIAM.
Daniel Keast appeals from sentencing under the Youthful Offender Act, Chapter 958, Florida Statutes (1983), after pleading guilty to a single count of grand theft, second degree, section 812.-014(2)(b)(4), Florida Statutes (1983). The resulting sentence exceeded the sentence which would have resulted had the trial court sentenced appellant pursuant to the sentencing guidelines, as appellant had requested.
Appellant asserts that the trial court wrongfully departed from the sentencing guidelines and argues that the trial court’s reasons for choosing to sentence' appellant under the Youthful Offender Act were inadequate.
We find no merit in this argument and affirm the sentence on the basis of Hackney v. State, 456 So. 2d 1209 (Fla. 5th DCA 1984), and Massaro v. State, 449 So. 2d 1010 (Fla. 2d DCA 1984).1 We agree with appellant that the community-control portion of the sentence should not have exceeded two years. Hudson v. State, 450 So. 2d 603 (Fla. 2d DCA 1984); Conner v. State, 422 So. 2d 80 (Fla. 2d DCA 1982); § 958.05(2), Fla.Stat. (1983).
Therefore, we remand to the trial court with directions to modify accordingly the community control portion of the sentence.
Affirmed as modified.
. This court's opinion in Milbry v. State, 469 So. 2d 137 (Fla. 3d DCA 1984), does not apply to the case sub judice. In Milbry, the sentence imposed exceeded the maximum statutory penalty. While the sentence imposed herein is greater than what would have been imposed if the sentencing guidelines had been used, the sentence is still less than what the statute permits and the trial court gave valid and convincing reasons, in writing, for his departure from the guidelines.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hackney v. State, 456 So. 2d 1209 (Fla. 5th DCA 1984)
- Massaro v. State, 449 So. 2d 1010 (Fla. 2d DCA 1984)
- Livingston Milbry v. State, 469 So. 2d 137 (Fla. 3d DCA 1984)
- Conner v. State, 422 So. 2d 80 (Fla. 2d DCA 1982)
- Hudson v. State, 450 So. 2d 603 (Fla. 2d DCA 1984)