KELLY v. STATE

No. 87-2033.

522 So.2d 533 (1988)

Kevin Craig KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 29, 1988.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Div., Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

The defendant's presumptive guidelines sentencing range was twelve to thirty months' confinement or community control. The trial court imposed a sentence of five years but suspended three years of incarceration on the condition that the defendant complete three years' community control. The state argues this sentence is lawful under the Youthful Offender Act (sections 958.04(2)(c) and (d), Florida Statutes). The Youthful Offender Act may affect the statutory...

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