RICHARD WIEDEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant’s sentence under section 958.-04, Florida Statutes (1985), the Youthful Offender Statute, of four years incarceration followed by ten years probation, with the first two years of the probationary period to be served on community control, is improper because (1) it violates the six year limitation provided in that statute and (2) because it was a downward departure from the recommended guidelines sentence of four and one-half to five and one-half years incarceration and clear and convincing written reasons for such departure were not provided by the trial court as required by Florida Rule of Criminal Procedure 3.701(d)(11) for a departure sentence. See State v. Evans, 503 So. 2d 985 (Fla. 5th DCA 1987).
Appellant’s sentence is vacated and the cause is remanded for the imposition of a guidelines sentence or a proper departure sentence.
SENTENCE VACATED; CAUSE REMANDED.
ORFINGER, SHARP and COWART, JJ., concur.
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State v. Nealy, 532 So. 2d 1117 (Fla. 2d DCA 1988)…written explanation for the departure sentence as contemplated by the 1984 amendment to the sentencing guidelines and the general dictate of section 921.001(6). The majority’s opinion further appears to be in direct conflict with Wiedeman v. State, 506 So. 2d 1079 (Fla. 5th DCA 1987). In Wiedeman, a case that predated the 1987 amendment to section 958.04(3), permitting the state to appeal a guidelines departure sentence imposed under the Act,4 the fifth district reversed a youthful offender sentence of four y…1 / 2
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State v. Kepner, 560 So. 2d 251 (Fla. 3d DCA 1990)…he guidelines recommendation, was not accompanied by written (or oral) reasons to justify the departure. This is a state appeal which contends solely that written reasons are required by the applicable statute.2 In accordance with Wiedeman v. State, 506 So. 2d 1079 (Fla. 5th DCA 1987), but directly contrary to State v. Nealy, 532 So. 2d 1117 (Fla. 2d DCA 1988) and State v. Green, 541 So. 2d 789 (Fla. 4th DCA 1989), we conclude that the state’s position is correct. The result in this case turns on the latest,…
Authorities Cited
- State v. Evans, 503 So. 2d 985 (Fla. 5th DCA 1987)