State v. Burgos

The state appeals a downward departure sentence, and we conclude that while the trial court did not err in departing from the sentencing guidelines based on Barbera v. State, 505 So.2d 413 (Fla.1987), receded from on other grounds, Pope v. State, 561 So.2d 554 (Fla.1990), it did err in placing appellee in community control. Accordingly, we affirm in part, reverse in part, and remand.

Appellee originally was charged by information with armed robbery (the- prior offense) and pled guilty, whereupon the trial court sentenced him as a youthful offender to two years community control. Appellee…