STATE of Florida, Petitioner,
v.
Roberto L. BETANCOURT, Respondent.
Supreme Court of Florida.
*1108 Robert A. Butterworth, Atty. Gen., and Debora J. Turner and Jorge Espinosa, Asst. Attys. Gen., Miami, for petitioner.
Bennett H. Brummer, Public Defender and Henry H. Harnage, Asst. Public Defender, Miami, for respondent.
OVERTON, Justice.
This cause is before us on petition to review Betancourt v. State,
The relevant facts reflect that Roberto L. Betancourt was convicted of armed robbery with a deadly weapon. The trial judge sentenced him as a youthful offender to a split sentence of four years of incarceration followed by two years of community control. There is no indication in the record that the trial court considered this sentence to be a departure from the sentencing guidelines, and the trial court gave no reasons for departure. The Third District Court reversed Betancourt's sentence because the aggregate of his term of incarceration and his term of community control exceeded the recommended guidelines sentence of three and one-half to four and one-half years incarceration. The district court held that the sentence in this case was a departure sentence, and that valid reasons for such departure must be set forth in writing under the Youthful Offender Act, section 958.04(3), Florida Statutes (1987). The district court remanded the case to the trial court for resentencing within the guidelines, relying on its prior decision in Harrison v. State,
Although we agree with the Third District Court of Appeal that Betancourt's original sentence must be characterized as a departure sentence, see State v. Mestas,
Accordingly, we approve the Third District Court of Appeal's reversal of Betancourt's *1109 sentence but disapprove its instruction that Betancourt be resentenced within the sentencing guidelines on remand. The district court is directed to remand with directions to comply with the views expressed in this opinion.
It is so ordered.
EHRLICH, C.J., and McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
