JOHNNY EUGENE DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Johnny Eugene Davis appealed his sentencing after pleading guilty to aggravated assault. The trial court imposed community control for five years with twelve months in jail, but the Florida appellate court reversed, holding that community control cannot exceed two years under Florida law.
Community control is a proper sanction under the sentencing guidelines category of any nonstate prison sanction. However, the placement of an offender into community control is limited to a maximum of two years under Florida law, and the trial court's five-year community control sentence was therefore erroneous.
[1] Community control is a proper sanction under the sentencing guidelines for a nonstate prison sanction.
[2] The duration of community control may not exceed two years, unless a statutory exception applies.
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Join FLexlaw to unlock all legal intelligence“The placement of an offender into community control is limited to two -years.”
Establishes the core holding that community control sentences have a statutory maximum duration of two years.
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Join FLexlaw to unlock all legal intelligenceDavis pleaded guilty to aggravated assault pursuant to plea negotiations with the State. The sentencing guidelines scoresheet recommended any nonstate…
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SHIVERS, Judge.
Appellant, pursuant to plea negotiations with the State, pled guilty to aggravated assault. Appellant’s sentencing guidelines scoresheet shows a recommended/presumptive sentence of any nonstate prison sanction. The trial court did not find any clear and convincing reasons to deviate from the recommended sentence and placed appellant in a community control program for five years with the condition, among others, that appellant spend twelve months in the Duval County jail. Appellant contends that his placement in community control for a five year period was error. We agree and reverse and remand.
Initially, contrary to appellant’s first contention, we find and hold that community control is a proper sanction to be imposed by a trial court under the sentencing guidelines category of any nonstate prison sanction for the reasons expressed in Mitchell v. State, No. AX-361, 463 So. 2d 416 (Fla. 1st DCA 1985).
We agree, however, with appellant’s second contention that the trial court erred in placing appellant in a community control program for five years. RCrP 3.701(d)(13) provides that when community control is imposed, it shall not exceed the term provided by general law. Chapter 948, Florida Statutes (1983) sets forth pertinent provisions relating to community control and probation. Section 948.01(5), Florida Statutes (1983), provides in part:
The sanctions imposed by order of the court shall be commensurate with the seriousness of the offense. When supervision or a program of public service is ordered by the court, the duration of such supervision or program may not be longer than the sentence that could have been imposed if the offender had been committed for the offense or a period not to exceed 2 years, whichever is less.
We interpret the above provision as applying to both probation and community control, since both community control and probation involve supervision. See section 948.001(2) (probation means a form of community supervision); section 948.03(2) (the court shall require intensive supervision and surveillance for an offender placed into community control). In addition, community control may include mandatory public service. Section 948.03(2)(c), Florida Statutes (1983).
The placement of an offender on probation or into community control therefore is limited to a maximum of two years, unless an exception to this general provision exists. Such an exception is provided in section 948.04(1), Florida Statutes, for probation. However, we have been unable to find, and the parties have not informed us of, any such exception for the placement of an offender into community control. Accordingly, we find and hold that the placement of an offender into community control is limited to two -years.
The trial court’s order which placed appellant into community control for a five year period therefore is vacated and this cause is reversed and remanded for disposition in accord with the sentencing guidelines and this opinion.
REVERSED and REMANDED.
WENTWORTH and NIMMONS, JJ., concur.
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State v. Mestas, 507 So. 2d 587 (Fla. 1987)…BARKETT, Justice. We have for review Mestas v. State, 484 So. 2d 612 (Fla. 2d DCA 1986), because of certified conflict with Davis v. State, 461 So. 2d 1003 (Fla. 1st DCA 1984), and Louzon v. State, 460 So. 2d 551 (Fla.5th DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. The issue presented is whether a sentence of community control as a condition of probation constitutes a “departure sen…
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State v. Williams, 667 So. 2d 191 (Fla. 1996)…been committed for the offense or a period not to exceed 2 years, whichever is less. Consequently, for any one offense, community control may be imposed for a maximum of two years. Crawford v. State, 567 So. 2d 428, 429 (Fla.1990); Davis v. State, 461 So. 2d 1003, 1004 (Fla. 1st DCA 1984), disapproved of on other grounds, State v. Mestas, 507 So. 2d 587 (Fla.1987). In this case, the trial court sentenced Williams to 2 years’ community control followed by 2 years' probation for the manufacture of cannabis. S…
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Mick v. State, 506 So. 2d 1121 (Fla. 1st DCA 1987)…to a single two-year period when the defendant is sentenced at the same sentencing hearing for multiple offenses charged in separate infor-mations. Two years is the maximum permissible period of community control for any one offense, Davis v. State, 461 So. 2d 1003 (Fla. 1st DCA 1984), but we find nothing in the language of the statute that limits the duration of community control to a total of two years where sentences are imposed for multiple offenses charged in separate informations. The statute refers to t…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mitchell v. State, 463 So. 2d 416 (Fla. 1st DCA 1985)