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State v. Williams

District Court of Appeal of Florida, Fourth District
Nov 13, 1985
478 So. 2d 121 (Fla. Dist. Ct. App. 1985)

Opinion

No. 85-371.

November 13, 1985.

Appeal from the Circuit Court for Indian River County; L.B. Vocelle, Judge.

Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellee.


As to the first issue, we conclude that the trial court did not classify the defendant as a youthful offender; and could not lawfully do so, but merely alerted the Department of Corrections to the need to house him in youthful offender facilities.

We reverse the sentence, however, because it deviates from the sentencing guideline without any clear and convincing reasons for doing so; and we remand for resentencing within the guideline range, unless the trial court can state clear and convincing reasons for a new departure. We note in closing that there is nothing to prevent the trial court from alerting the Department of Corrections to the trial court's concern for the physical well being of the defendant.

DOWNEY, GLICKSTEIN and WALDEN, JJ., concur.


Summaries of

State v. Williams

District Court of Appeal of Florida, Fourth District
Nov 13, 1985
478 So. 2d 121 (Fla. Dist. Ct. App. 1985)
Case details for

State v. Williams

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. GLENN COOPER WILLIAMS, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 13, 1985

Citations

478 So. 2d 121 (Fla. Dist. Ct. App. 1985)