Mark Kepner v. State Florida

We review State v. Kepner, 560 So.2d 251 (Fla. 3d DCA 1990), because of certified conflict with State v. Green, 541 So.2d 789 (Fla. 4th DCA 1989), and State v. Nealy, 532 So.2d 1117 (Fla. 2d DCA 1988). We have jurisdiction. Art. V, ? 3(b)(4), Fla. Const. This case involves whether a trial court must provide written reasons for imposing sentence under the youthful offender statute1{/Cite} when such sentence would be a downward departure from the statewide sentencing guidelines recommended sentence.2{/Cite} The district court held that written reasons are required for such a departure and certified conflict with Green and Nealy. We disagree with that holding, quash Kepner, and approve Green and Nealy. Kepner's recommended guidelines sentence called for twelve to seventeen years of incarceration. The trial judge, however, sentenced Kepner as a youthful offender to four years of incarceration to be followed by two years of community control. This six years of sanctions is the maximum youthful offender sentence. ? 958.04(2)(a), Fla. Stat. (1989). Although the judge verbalized his reasons for sentencing Kepner as a youthful offender, he did not provide written reasons for the less severe sentence.