BRUCE ALAN VANKOOTEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1987-07-09
No. 86-1420
DAUKSCH and COWART, JJ., concur.
512 So. 2d 214 Florida District Court of Appeal, Fifth District (1987) Negative Treatment
Cited by 15 cases
Topics
Written Reasons For Departure Sentencing Guidelines Departure Sentencing Guidelines

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Opinion of the Court
SHARP, Judge.

SHARP, Judge.

VanKooten pled guilty to burglary of a dwelling,1 and the state nolle pressed a grand theft charge.2 His guidelines score-sheet totaled sixty (60) points, yielding a presumptive guidelines sentence of “community control or twelve to thirty months incarceration.” VanKooten was sentenced to thirty months incarceration, followed by two years community control, followed by ten and one-half years probation. This case is governed by our recent decision in Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987).

Sentencing VanKooten to both community control and incarceration represents a departure from the sentencing guidelines which is improper absent written reasons for such departure. Therefore we vacate the sentence and remand for resentencing. SENTENCE VACATED; REMANDED FOR RESENTENCING.

DAUKSCH and COWART, JJ., concur. . § 812.02, Fla.Stat. (1985).

. § 812.014, Fla.Stat. (1985).

Other
SHARP, Judge.

SHARP, Judge.

Upon appellee’s motion for rehearing, we amend our prior opinion by certifying a conflict with our sister court’s opinion in Francis v. State, 487 So. 2d 348 (Fla. 2d DCA 1986), review denied, 492 So. 2d 1332 (Fla.1986).

DAUKSCH and COWART, JJ., concur.

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Citator

Cited By (14 total)

  • State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
    …OVERTON, Justice. This is a petition to review VanKooten v. State, 512 So. 2d 214 (Fla. 5th DCA 1987), which held that when the presumptive guideline sentence directs community con [*831] trol or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the d…
  • Felty v. State, 630 So. 2d 1092 (Fla. 1994)
    …ejected Felty’s contention and approved his sentence.1 In VanKooten, the trial judge imposed a prison sentence of thirty months, followed by two years’ community control and ten and one-half years of probation without stating reasons for departure. 512 So. 2d 214 (Fla. 5th DCA 1987), approved, 522 So. 2d 830 (Fla.1988). This Court held that the combined sentence was illegal because the presumptive guideline range specified community control or 'twelve to thirty months’ incarceration. VanKooten, 522 So. 2d at…
  • Dyer v. State, 534 So. 2d 843 (Fla. 5th DCA 1988)
    …incarceration and community control exceeds the recommended guidelines sentence. See Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA), rev. denied, 515 So. 2d 230 (Fla.1987), appeal after remand, 529 So. 2d 736 (Fla. 5th DCA 1988); VanKooten v. State, 512 So. 2d 214 (Fla. 5th DCA 1987); approved, 522 So. 2d 830 (Fla.1988). . Allen v. State, 526 So. 2d 69 (Fla.1988).…

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