Kelly v. State

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 maximum sentence but any sentence must also be within the guidelines range unless a departure sentence is imposed. No reason for…