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Massaro v. State

District Court of Appeal of Florida, Second District
May 16, 1984
449 So. 2d 1010 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2384.

May 16, 1984.

Appeal from the Circuit Court for Highlands County, Randall G. McDonald, J.

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.

BOARDMAN, A.C.J., and SCHEB and CAMPBELL, JJ., concur.


Summaries of

Massaro v. State

District Court of Appeal of Florida, Second District
May 16, 1984
449 So. 2d 1010 (Fla. Dist. Ct. App. 1984)
Case details for

Massaro v. State

Case Details

Full title:LOUIS ORLANDO MASSARO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 16, 1984

Citations

449 So. 2d 1010 (Fla. Dist. Ct. App. 1984)

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