Massaro v. State, 83-2384
| Decision Date | 16 May 1984 |
| Docket Number | No. 83-2384,83-2384 |
| Citation | 449 So.2d 1010 |
| Parties | Louis Orlando MASSARO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, Robert J. Krauss and Katherine Blanco, Asst. Attys. Gen., Tampa, for appellee.
Appellant, Louis Orlando Massaro, appeals his classification and sentences as a youthful offender pursuant to chapter 958, Florida Statutes (1983). The resulting sentences exceeded the sentences which would have resulted had the trial judge sentenced appellant pursuant to the sentencing guidelines provided in chapter 921, Florida Statutes (1983), and Florida Rule of Criminal Procedure 3.701. While most often chapter 958 would be the alternative to a more harsh adult treatment, we cannot say that because a sentence under chapter 958 might result in a more severe sentence, the trial judge would thereby exceed his discretion in selecting the clearly provided alternative of chapter 958.
We therefore affirm.
To continue reading
Request your trial
-
Hackney v. State, 83-1725
...So.2d at 824. Of course, this amendment cannot be applied retroactively. Carter, 452 So.2d at 954, n. 3. We agree with Massaro v. State, 449 So.2d 1010 (Fla. 2d DCA 1984), that under current law the Youthful Offender Act (ch. 958), when applicable, is a lawful statutory alternative to a rec......
-
Brady v. State, 83-2457
...specifically referring to the habitual offender statute, recognized other alternatives to the guidelines. 1 See also Massaro v. State, 449 So.2d 1010 (Fla. 2d DCA 1984); Sweat v. State, 454 So.2d 749 (Fla. 1st DCA 1984). The supreme court recently eliminated this note. See The Florida Bar: ......
-
Keast v. State, 84-1001
...in this argument and affirm the sentence on the basis of Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA 1984), and Massaro v. State, 449 So.2d 1010 (Fla. 2d DCA 1984). 1 We agree with appellant that the community control portion of the sentence should not have exceeded two years. Hudson v. ......
-
Williams v. State, 84-1394
...appeal timely followed. Appellant does not contend that the court erred in sentencing him as a youthful offender. See Massaro v. State, 449 So.2d 1010 (Fla. 2d DCA 1984). He contends, correctly, that the court erred in sentencing him on the felony charges to four years imprisonment followed......