JEFFREY R. AVERA, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sanders v. State, 516 So. 2d 38 (Fla. 1st DCA 1987)
  …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 disagree with the position of that court that commu…

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• Balzer v. Ryan, 263 So. 3d 189 (Fla. 1st DCA 2018)
  …owner for damage caused by encroaching tree branches or roots, but the adjoining property owner “is privileged to trim back, at [his] own expense, any encroaching tree roots or branches . . . which has grown onto his property.” Gallo v. Heller, 512 So. 2d 215, 216 (Fla. 3d DCA 1987); see also Scott v. McCarty, 41 So. 3d 989 (Fla. 4th DCA 2010) (noting that Gallo reflects the predominate view around the country) (citing Encroachment of Trees, Shrubbery, or Other Vegetation Across Boundary Line, 65 A.L…
• Bodine v. State, 517 So. 2d 782 (Fla. 5th DCA 1988)
  …ration. If incarceration was imposed, there could be no community control, based on the language of the guidelines. Similarly, the court could not have imposed incarceration time if it elected community control. Id. at 701. See also Avera v. State, 512 So. 2d 215 (Fla. 5th DCA 1987); VanKooten v. State, 512 So. 2d 214 (Fla. 5th DCA 1987). Accordingly, since no written reasons for departure were given, Bodine’s sentence must be vacated and this case is remanded for resentencing. As we did in Avera and VanKo…

Authorities Cited

• Francis v. State, 487 So. 2d 348 (Fla. 2d DCA 1986)
• Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987)