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478 So. 2d 121

478 So.2d 121

10 Fla.L.Weekly 2526

State v. Williams

District Court of Appeal of Florida

Decided November 13, 1985

District Court of Appeal of Florida · decided 1985-11-13

Decided 1985-11-13

PER CURIAM.

¶1As to the first issue, we conclude that the trial court did not classify the defendant as a youthful offender; and could not lawfully do so, but merely alerted the Department of Corrections to the need to house him in youthful offender facilities.

¶2We reverse the sentence, however, because it deviates from the sentencing guideline without any clear and convincing reasons for doing so; and we remand for resentencing within the guideline range, unless the trial court can state clear and convincing reasons for a new departure. We note in closing that there is nothing to *122prevent the trial court from alerting the Department of Corrections to the trial court’s concern for the physical well being of the defendant.

DOWNEY, GLICKSTEIN and WALDEN, JJ., concur.
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