WIEDEMAN v. STATE

No. 86-1602.

506 So.2d 1079 (1987)

Richard WIEDEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 14, 1987.


Attorney(s) appearing for the Case

Roger B. Butcher of Benitez & Butcher, P.A., Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellee.


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...

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