REED v. STATE

No. 95-3543.

681 So.2d 913 (1996)

Gary REED, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 23, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Elliot B. Kula, Assistant Attorney General, West Palm Beach, for appellee.


POLEN, Judge.

Gary Reed pled nolo contendere to Count I, burglary of a conveyance with an assault or battery, and Count II, battery. The court imposed a youthful offender sentence on Count I of four (4) years in the Department of Corrections to be followed by two (2) years community control. Reed was sentenced to time served on Count II. Because this sentence constitutes an impermissible guideline departure, we reverse and remand for resentencing.

The trial...

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