RAYMOND ELLIS TAYLOR, PETITIONER,
v.
STATE OF FLORIDA, ET AL., RESPONDENTS
RAYMOND ELLIS TAYLOR, PETITIONER,
STATE OF FLORIDA, ET AL., RESPONDENTS
511 So. 2d 748
Florida District Court of Appeal, Fifth District (1987)
Negative Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
We find this case indistinguishable from Johnson v. Wainwright, 498 So. 2d 938 (Fla.1986), cert. denied, — U.S.—, 107 S.Ct. 1894, 95 L.Ed.2d 500 (1987), and, therefore, grant Taylor’s petition for writ of habeas corpus, reverse his convictions, vacate his sentences, and remand this cause for a new trial.
WRIT ISSUED; REVERSED and REMANDED.
DAUKSCH and COBB, JJ., concur. ORFINGER, J., dissents, without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
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Williams v. State, 525 So. 2d 458 (Fla. 2d DCA 1988)…lation of probation, there is no reason that the trial court, upon remand, cannot sentence Williams to twelve to thirty months’ incarceration to be followed by probation, so long as the total penalty does not exceed five years. See Johnson v. State, 511 So. 2d 748 (Fla. 5th DCA 1987). Williams’ second contention which focuses on the lack of conformity of certain aspects of the revocation order, the judgment and sentence to the trial court’s pronouncements is meritorious. A review of the record before us ref…
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Sanders v. State, 516 So. 2d 38 (Fla. 1st DCA 1987)…t has consistently maintained its position that when the recommended guidelines range is community control or twelve to thirty months’ incarceration, the trial judge is not at liberty to impose a combination of those two sanctions. Johnson v. State, 511 So. 2d 748 (Fla. 5th DCA 1987); Avera v. State, 512 So. 2d 215 (Fla. 5th DCA 1987); Gordon v. State, 511 So. 2d 745 (Fla. 5th DCA 1987); and Vankooten v. State, 512 So. 2d 214 (Fla. 5th DCA 1987). Recognizing conflict with the Fifth District in this regard, we…
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Betancourt v. State, 550 So. 2d 1121 (Fla. 3d DCA 1989)…ity control “constitutes a departure sentence when the period of incarceration and community control exceeds the recommended guidelines sentence.” Dyer v. State, 534 So. 2d 843, 844 n. 2 (Fla. 5th DCA 1988) (citations omitted); see Johnson v. State, 511 So. 2d 748, 749 & n. 1 (Fla. 5th DCA 1987) (probation and community control not interchangeable under the guidelines). Since the combination of incarceration and community control exceeds the recommended guidelines sentence, it is a departure sentence without…
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- Johnson v. Louie L. Wainwright, 498 So. 2d 938 (Fla. 1986)